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EEYIEW OF A STATEMENT 



ATTRIBriED TO 



GEN. JOHN ARMSTRONG, 



WHH AN 



AFFENWX OF ILLUSTRATIVE PUCUIENTS. 







tc f- 



II II 

REVIEW 

OF A 

STATEMENT ATTRIBUTED TO GEN. JOHN ARMSTRONG, 

WITH A\ 

APPENDIX OF ILLUSTRATIVE DOCUMENTS.* 



373 



Introductory note hy Mr. Madison. 
It was st^vcral years after the piiljlication before it came to the knowledge of 
J. M.. who prepared the review of it. with an inteution of sending it to the editor. 
He was dissuaded from this conr,s(> by the President, who oljserved that no credit 
was given to what came from the writer. It appeared, also, that the Repository 
liad been some time discontinued. 

Ill tlie " Literary and Scientific Repository/' No. YI, page 
502-'3, piibliHlied at New York^ October, 1821, the following 
>itateDient i,^ made as " from documents of the highest charac- 
ter:-' 

'■ Early in tli<' month of May, 1814, the then Secretary of War 
])roposed to confer on General Jackson the appointment of Brig- 
adier in tlie army of tlie United States, with the Brevet of Major 
Genci-aL until a vacancy, ],y resignation or otherwise, should 
permit his api)ointment to a similar grade in the line. He was, 
at i\iQ same time, named to the conmiand of Military District 
No. 7, of which New Orleans made a part. This proposition, 
m l)oth its branches, the promissory as well as the appointing, 
was approved by the President, and a communication to Gen- 
eral Jackson made accordingly. On Wiq twenty-second of May 
General Harrison's resignation was received at the War Of- 
fice, and on i\\Q day following was reported to the President, 
as fui-nishing means forgiving immediate execution to the prom- 
ise already stated. The President's answer was indecisive. 

"" See letter to President Monroe. aMe p. 8(i4. 



374 WORKS OF MADISON. 1824. 

' The better way,' says he, ' will be to send on a Major General's 
commission at once; but on this-I suspend a final decision till I 
see you.' The Secretary, on the other hand, not believing that 
a right to tamper witli cngag-ements solemnly made and commu- 
nicated existed anywliere, or for any length of time, hastened 
to act on wliat appeared to be the first impression of the Presi- 
dent: immediately forwarded the commission; and took on him- 
self the responsibility of doing so." 

From this statement an appeal is made to the following ex- 
tracts and letters; it being kept in mind that the correspondence 
of tlie President and Secretary of War took place while the for- 
mer was at his residence in Virginia; that during the period no 
other tlian written communications passed between them; and 
that the extracts contain every thing relative to the matter of 
them: 

Extract of a letter from the Secretary of War to the President^ 

dated May 14, 1814, 

"Sometliing ought to l)e done for General Jackson. The va- 
cant Major General's place [produced hy General Hampton's 
resignation] cannot 1)0 filled during the recess of the Senate. 
But we can make him a Brigadier and give him the Brevet of 
Major General; and send him to relieve General Flournoy, who 
is very impatient in his ])resent position." 

Extract of a tetter from the President to the Secretary of War^ 

dated May 17, 1814. 

" Send, also, [to the President,] a commission of Brigadier 
and a Brevet of Major General for General Jackson." 

Extract (f a letter from the President to the Secretary of War, 

dated May 20, 1814. 

" I have the day for setting out for Washington still to fix. 
It was my original })urpose to be back Ijefore the frst of next 
moTbih, and I ^hall •.rrlo^vo'^.r to e(f»^et it." 



1824. REVIEW, ETC., ETC. 375 

Extract of a letter from the Secretary of War to tJie President, 

dated May 20, 1814. 

*' General Harrison resigned his military appointment on the 
eleventh instant, and expects to be relieved on the thirty-first 
in \\\Q command of the 8th District. M"' Arthur is next to him 
in rank; but being destined to the command of the brigade com- 
posed of Paul's and Miller's regiments, he will not be long in 
the District, and in his absence the command devolves on Gren- 
eral Howard. Of this officer 1 have heard nothing lately. The 
presumption is that he has gone on to S^ Louis." 

Here is no alhision to the resignation as creating a vacancy 
for Grcneral Jackson, nor to any commission enclosed in tlie let- 
ter. Tlie difficulty of supplying a commander of the District 
would intimate rather the expediency of retaining General Har- 
inson longer in the service. 

Extrart of a letter from the President to the Secretary of War, 
dated May 24, with a jwst script of May 25. 

" I have received yours of the twentieth instant. The commis- 
sion V)y Brevet for General Jackson is not accompanied by the 
preliminary one of Brigadier. As the resignation of General 
Harrison renders that circuit unnecessary, the better way will 
be to send at once a Major General's commission. I suspend a 
final decision, however, till I see you; which ivill he in two or 
three days after the arrival <f thhy 

From this it appears that a commission was enclosed in the 
Secretary's letter of the twentieth, and received as the Brevet 
for General Jackson called for by the President; no suggestion 
of a change of purpose being made by the Secretary. 







376 WORKS OF MADISON. 1824. 



COPIES OF LETTERS BETWEEN THE SECRETARY OF WAR AXD 
GENERAL JACKSON. FROM THE FILES OF THE WAR DEPART- 
MENT. 

From the Secretary to the General, 

'• Mat 22d, 1814. 

''Sir. — Tlie vacancy prorluced by General Hampton's resig- 
nation not liavino' been filled during tlie late session of the 
.^enato, cannot be supplied constitutionally during the recess of 
iliat body. All. tlierefore, that can be done at jyre-sent, in re- 
wai'd for your able and gallant conduct during the campaign, 
and in testimony of tlie public respect these have obtained, is, 
to make you a Brigadier in the line, with the Brevet of Major 
Creneral. and to invest you with command of the 7*^ Military 
District. Commissions of this character will be immediately 
preparefl and forirarderl : and T cannot but hope but that they 
will l)e acceptal)le and accepted, and that it will not be incon- 
venient for you to assume the new command without loss of 
time. 1 avoil myself of the occasion to offer you my great re- 
spect and best wishes." 

This letter is dated tivo days after the letter to the President 
communicating the rem/nation of General Harrison. The two 
commissions promised, it appears, were never forwarded. One 
of them only was sent to the President for his sanction; namely, 
the one enclosed in the letter of the tiventieth. mentioning the 
resignation of General [Tai-rison. without mentioning the com- 
mission. 

Extract of a letter from the Secretary to the General. 

"Mat 24, 1814. 

'"In the event of your acceptance of the appointment an- 
nounced by my letter of the 22d instant, I have to suggest the 
wish of the President that you should proceed without delay to 
Fort Jackson, and consummate the arrangements committed to 
General Pinckney in relation to the hostile Creeks. A copy of 
the instructions given to General Pincknev is enclosed. T en- 



1824. REVIEW, ETC., ETC. 37*7 

close, also, a copy of his General Orders of the 28th of April, 
shewing the distribution made of the troops." 

Copy of a letter from General Jackson to the Sec7'etary of War, 

"Nashville, June 8th, 1814. 
''Sir, — Yours of the twenty -second and tioenty -fourth, with 
enclosures, have been received, and are now before me. The 
former alone shall be tlie subject of this communication. The 
appointment of Brigadier and Brevet Major General are ac- 
cepted under the circumstances tendered; believing that the 
Senate on its meeting will honor me with the rank in the line 
which I have held in the Militia of the Republic for many years. 
Your other communications shall be the subject of a separate 
letter. I shall avail myself of the earliest opportunity to as- 
sume the command of the T^'^ Military District, pursuant to your 
wishes." 

Copy of a letter from the Secretary of War to General Jackson, 

•• May 28th, 1814. 

" Sir, — Since the date of my letter of the twenty -fourth, Major 
General Harrison has resigned his commission in the army; and 
tlius is created a vacancy of that grade, which / hasten to fill 
with youT name. This circumstance does away the necessity of 
sendhuj the commissions formerly contemplated." 

Copy of a letter from General Jackson to the Secretary of War, 

••Nashville. June 20th. 1814. 

"Sir, — T have the pleasure to acknowledge the receipt of 
your note of the twenty-eightli ultimo, accompanied with the 
appointment of Major General, made by the President of the 
United States. You will please to receive this as my accept- 
ance. 

"I assumed the command of this District on the 15th instant, 
and shall proceed to Fort Jackson, as per advice, on the 13th." 



378 



WORKS OF MADISON. 1824. 



Extract of a letter from Major General Harrison to tJw Secre- 
tary of War. 

••CfxciNNATi. 11 May. 1814. 

"I have the honor, throna-h you, to request the President to 
accept my resignation of tlic appointment of Major General in 
tlic Army, with which he has honored me. 

"Lest the public service should suifer before a successor can 
be nominated. I shall continue to act until the 31st instant, by 
whicli time I hope to be relieved.'' 

Extract of a letter from the Secretary of War to General Har- 
rison. 

•'May 24. 1814. 

"Your letters of the 10 and 11 instant have been received. 
"Your resignation lias been communicated to the President, 
who is now on a visit to Virginia.^' 

Co2:)y of a letter from the Secretary of War to Gemral Harrison, 

•'May 28, 1814. 

"SiR^_Your resignation is accepted, to take place the 31 in- 
stant, as you requested; and General M^Arthur is accordingly 
ordered to take command of the District. 

"1 beg you, Sir, to accept the assurance of my great re- 
spect." 

Extracts from the National Intelligencer of April 28 and May 

31, 1814. 

" The President of the United States and family left this place 
yesterday, [April 27,] on a short visit to Montpelier, his seat in 
Orange County, Virginia." 

•The President of the United States yesterday VMay m^ re- 
turned to this city, with his family, from his visit to Montpelier, 
his teat in Virginia." 

With these light:>. a fair estimate can be made of the state- 
ment in the Repository. 



1824. REVIEW. ETC., ETC. 379 

" Early in tlie montli of May, 1814," says the statement, "the 
then Secretary of War proposed to confer on General Jackson 
the appointment of Brigadier in the army of the United States, 
with the Brevet rank of Major General, until a vacancy, by res- 
ignation or otherwise, should permit his appointment to a sim- 
ilar grade in the line." 

The proposition, as is seen, was made on the fourteenth of 
May, and referred expressly to the existing vacancy produced 
by the resignation of Major General Hampton. 

"The proposition in both its ln*anches, i\\Q promissory as well 
as tlio appointing, was approved by the President, and a com- 
uiuiiication to General Jackson made accordingly." 

The answer of the President to the proposition simply was, 
'•send a commission of Brigadier and a Brevet of Major Gen- 
, , oral for General Jackson;'" for the purpose, of course, that they 
/ miglu be sanctioned for transmission. 

Tlie only promise wliich appears to have been communicated 
to the General. V)y tlie Secretary, is that contained in his letter 
of May twenty-second, answered by the General June the eighth, 
on which it may be remarked — 1. That the letter, though writ- 
ten two days after the notice given by the Secretary to the 
President of the resignation of Major General Harrison, makes 
no allusion to that event; but, on the contrary, expressly in- 
forms General Jackson that a commission of Brigadier and a 
Brevet of Major General, with a view to the existing vacancy 
produced by Major General Hampton's resignation, was all that 
could, at tlie time, be done for him. 2. At the date of the letter, 
one only of the two commissions promised to be immediatehj 
prepared and forwarded had been sent to the President, the 
other not being sent at all, 3. By the letter of May twenty- 
eighth, from the Secretary to the General, it appears that neither 
of the promised commissions had been forwarded. 4. T\iej)rom- 
isiiifj letter of May twenty-second was never iriade knoivn to the 
Premlent, either before or after it was forwarded to General 
Jackson. 5. If it had been made known to the President be- 
fore it was forwarded, his letter of May twenty-fourth — fifth to 
the Secretary — shews that with his knowledge of the resignation 



38Q WORKS OF MADISON. 1824. 

of Major General Harrison, and that the commission of Briga- 
dier and Brevet of Major General was not all that could be 
done for General Jackson, lie could not have failed to cause the 
letter to be suspended, at least, till he should see the Secretary. 

" On the twenty-second of Maij^ continues the statement, 
"General Harrison's resignation was received at the War of- 
iice.'' 

On the twcntidh of JIiu/, as has been seen, the Secretary in- 
formed the President "' that General Harrison had resigned his 
military appointment." 

Here, in the Repository, it is stated that the receipt of the 
rcsio'nation was on the t^crntt/ -second of May. 

Again: On the twerdy-second, he writes to General Jackson 
as if no such resignation had taken place: holding up the va- 
cancy produced by Major General Hampton's resignation as 
the only one. at that time, in prospect. 

On the tioenty-fourth of May, even, another letter to General 
Jackson has the same aspect. 

Yet the letter of the Secretary to General Harrison, of the 
twenty-fourth, states that his resignation had been received and 
communicated to the President. 

Finally, the letter of the ticeidy -eighth of 31ay, to General 
Jackson, says, ''since the date of my letter of the twenty-fourth, 
General Hari'ison has resigned his commission in the army." 

An attempt to cover these incongruities by pleading a dis- 
tinction between a resignation sent in and a resignation finally 
accepted raises the question — 1. Why, if the distinction was 
intended, the ambiguity should be permitted to run through the 
reiterated language employed? 2. Why General Jackson 
should have been promised the immediate transmission of the 
two commissions looking to the existing vacancy produced 
)jy Major General Hampton's resignation, and been expressly 
told that nothina* more could then be done for him: when, two 
days before, the Secretary had informed the President of the 
resignation of General Harrison, which furnished the means of 
doing more for him; and when he had a right to expect the 
President's answer within three or four days at furtliest? 



1824, REVIEW, ETC., ETC. 33]^ 

Must the ainbiguity and precipitancy in the case be explained 
by the eagerness of the Secretary to gain additional credit with 
the General by disclosing what was intended for him, if the 
resignation of Genei'al Harrison had not occurred; a disclosure 
for wliich tlie opportunity was to be superseded by the expected 
answer from tlie President, "doing away the necessity of send- 
ing on the two promised commissions?" The eagerness of the 
Seci'ctary to call the attention of the General to himself as the 
source to whicli he owed liis appointment is strikingly displayed 
by the letter of May ticenty-eujldh, in which, alluding to the new 
vacancy, lie takes upon himself to say, "which / hasten to fill 
with your name." The answer of the General, distinguishing 
between tlie arrogated and the real authority, acknowledged 
the receipt of the letter as "accompanied by the appointment of 
Major General, made by iJie President of the United States." 

To proceed Avitli tlie statement: "and on the day following 
\May tioenfy-thlrd] was reported to the President, ?iii furnisMng 
the means for giving immediate effect to the promise already 
stated." 

The proper comment on this statement is in the following- 
facts : 1. The report was made ?^o^ on the twenty-third, hut on 
the ticenfieth of May. 2. On the tweatiUh no promise whatever 
had been communicated to General Jackson; the date of the 
communication being the ti verity -second of May. 3. The report 
was not only silent as to an immediate appointment to the va- 
cancy i)roduced by the resignation of General Harrison, but en- 
closed a Brevet of Major General, having reference to the origi- 
iial vacancy produced by that of General Hampton. 4. Two 
days after the report had been made, viz: on the twenty-second 
of May, the only promise ever made was acccompanied with the 
Tenia rk that all that could be done was by the way of a Briga- 
dier and Brevet appointment. 5. It is proper to remark here, 
i\n\^ the letter itself from General Harrison resigning his com- 
mission was never sent to the President; and that the only sanc- 
tion for its acceptance was the letter of the tiventy -fourth of 
May from the Pre^^ident. wliich ought to have suspended, the an- 



382 WORKS OF MADISON. 1824. 

.'^irer io General Harrison^ as well as the appointment to General 
Jackson, till lie slionld see the .Secretary. 

'• Tlie President's answer was indecisive: tlie "better way,' 
says lie. 'will be to send on a Major General's commission at 
once: but on this 1 Avill suspend a final decision till I see yovy 

If 1lic statement had not dropped the words, " loliicli loiU he in 
hci) or three (kti/s after the arrival of this " w\i\ch, in the answer 
of the President, followed the words " till I see yon," the charge 
wouhl liave vanished as it fell from the pen. The ohjeet of the 
-ujiprcssion is shewn by the use made of it. What might not 
1m' jtroved or dis])i'ovod by such mutilations, and who could be 
safe against tliem? 

[Tad. indeed, the siii)pressed words not been contained in the 
ans\v(.'r of \]\o President, a notice to the same effect had been 
given ]m{f<j>(r days he/ore, in his letter to the Secretary of May 
20. saying, " that it Avas his original purpose to be back before 
the ii rst of next month, and tliat he should endeavour to effect 
it."' 

But the charge, as the statement proceeds to its close, takes 
a more serious comjdexion. 

'' The Secretary, on the other hand, not believing that a right 
to taiiiper with enr/ar/einents solemnly made and communicated 
existed anywhere, or for avy length of time, hastened to act on 
Avhat appeared to be the President's first impression: immedi- 
ately forwarded the connnission: and took on himself the respon- 
silnlitv of doing so.'' 

There are certainly not many minds that would regard the 
undertaking* of a sul)ordinate officer to iudi>'e between the first 
and last impression of his chief and to act on the first, as a mit- 
igation of disobedience. 

But wliat was the enr/ar/ement made and communicated, on 
which this charge of tampering is founded. None has appeared 
but that imi)lied in the Secretary's letter of May twenty-seeond^ 
of which letter the President had no knowledge when he .*f?/-v- 
fKiidrd his final decision, (nor was it, indeed, ever communicated 
by the Secretary,) which held out a Brevet of Major General 



1824. REVIEW, ETC.. ETC. 333 

as all that could be clone for liiin; and which the President, as 
is shewn by the tenor of his letter of May tioenty -fourth^ would 
for t]iat very reason have arrested, at least, till he should see 
the Secretary. 

AVliat, again, was tlie length of time to which such a tampering 
would have extended? Three days at most, with the chance 
that it might be but two days. It turned out, in fact, that the 
President was, as witnessed by the National Intelligencer, back 
at Wasliington the thirtieth of May. a day short of the time he 
had named to the Secretary for liis return; and tiuo days only 
after the Secretary had liurried oft' a commission to General 
Jackson. 

Whatever clue may be applied to the labyrinth presented by 
the conduct of tlie Secretary, the course pursued by the Presi- 
dent requires none. That was open and direct. When it was 
proposed to liini to confer on General Jackson the appointment 
of Brigadier and a Brevet of Major General, with a view to his 
being nominated for the existing vacancy produced by the res- 
ignation of Major General Hani})ton, his immediate answer was, 
"send me the two commissions." When the unforeseen resig- 
nation of Major General Harrison was notified to him, his in- 
stant suggestion was, "the better way, then, would be to send to 
General Jackson a Major General's commission at once;" sus= 
pending only a final decision foi' three or four days, till he could 
have a personal communication with the Secretary. The short 
delay could be attended with no possible inconvenience; the 
services of General Jackson, as Major General, being provided 
for by the brevet rank giving liim the command of the district 
for which he was allotted: whilst it was not a little called for 
by the obscurity and reserve of the Secretary on the occasion, 
and by the possibility that reasons, honorable to General Har- 
rison, whose letter containing his resignation had not been trans- 
mitted to the President, might render it expedient not to part 
immediately with his services. The difficulty of providing an 
immediate successor in the command of the district, noticed by 
the Secretary as arising from the situation of General M^Arthur 
and General Howard, without hinting, as might have been ex- 



334 WORKS OF MADISON. 1824. 

pectecl. what was most advisable in the case, very naturally 
sug'g-ested the propriety of keeping tbe final arrangement sus- 
pended till the President could make it the subject of a per- 
sonal consultation with the Secretary. 

Out of such materials has been wrought a statement for the 
])ublic. representing the President as backward in bestowing on 
CTCucral Jackson an appointment which was so splendidly jus- 
tified, and imputing to him a tariiperhuf witli solemn engcuje- 
ments. wliicli it becan\e the duty of a subordinate functionary to 
take on himself the responsibility of frustrafinr/. 

Should it be asked wliy tlie individual in question was placed, 
;iih1. lifter such developments in his career, continued, at the 
liead of tlie War Department, tlie answer will readily occur to 
those best acquainted with the circumstances of the period. 
Others may he referred for an explanation to the difficulty, 
Avliicli had l)een felt in its fullest pressure, of obtaining services 
whicli would liave l)een preferred: several eminent citizens to 
wiiom the station liad been offered having successively declined 
it. It was not unknown at the lime that objections existed 
to tlie person finally appointed, as appeared when his nomina- 
tion went to the Senate, where it received the reluctant sanc- 
tion of a scanty majority. Xor was the President unaware or 
unwarned of the temper and turn of mind ascribed to him, 
wliich might Ije uncongenial with the official relations in which 
he was to stand. But these considerations were sacrificed to 
recommendations from esteemed friends; a belief that he pos- 
sessed. Avith known talents, a degree of military information 
whicli miglit be useful: and a hope that a proper mixture of 
conciliating confidence and interposing controul would render 
ol)jectionaljle peculiarities less in practice than in prospect. 
And as far as disa])pointments were experienced, it was thought 
better to ]jear with them than to incur anew the difficulty of 
finding a successor, with the inconveniences of an internal and 
a forced change in tlie head of the Department of War in the 
midst of war. Tliis view of the subject continued to prevail 
till the departure of the Secretary took place. 

It micht with truth be added, iliat the particular case which 



1824. REVIEW. ETC., ETC. oc^ 



has called forth tins revievr did not receive at the time the full 
nivestigation ,.ow given to it. The aggravation of it bv such a 
statement as has been reviewed was assuredly not to have been 
anticipated. 

In the ,,eriodical work referred to in the preceding pao-es 
there are other gros. misstatements* from the same pen. That 
^;l.oye exposed will snftice to put every one on his guard, and 
.IMstifj a general protest against the credibility of a writer ca- 
pal^lo ol such perverted and deceptive views of facts. 

• Harticnhul.v i„ ii,.. account giv.n of what passed o,> tho 24th of August 
M tl,c. day ot tho battle of Bla„e„.1,u.-g, and of the (nstructious of the Pi" 1 
dent to the Secretary of War on the 13th of August, ,«14. See a true ace u^t 
of what passed, as noted by ./. .M.. a,n,l a copy of the Instructions, which speak 
for themselves; both of which are among my papers -J M 

VOL. III. 25 



gjij^MIWjPaggjBj 



386 



II y 

APPENDIX I. 



DOCUMENTS II.I.USTRATIYE OF THE FOREGOING REVIEW. 



[Thesi' ducuiiKMiis ;iii])oar to liave been collected and arranged according to 
the subjoined meuiorauduin of Mr. Madison; the words witliin brackets being 
inserted hy the person collecting them. On a leaf next preceding the collection., 
the followiuc-- words are written by ^Ir. M.voisox: "Letters and notes instructing 
•• the Secretary of War. 1813; ready to be copied. All correctly copied by J. 
^- C. Payne; which see.— J. M."] 

1. Date of assi<>-unKMit of General Jackson to District No. 7. 

[May 22, 1814, as per letter in answer to question below numbered 3; and 
accepted as per letter No. (i, dated June 8, 1814.] 

2. Date of General Harrison's resignation, and of its receqyt at the War De- 

partment. 
[Leilt-i- ficknowledging receipt of resignation dated May 24, 1814; date of 
the GeneL-ars letter, 11th same month. By letter of 28th May, 1814, the Gen- 
eral is iui'ormed that his resignation is accepted, to take place on the 31st 
instant, us requested.] 

3. Copy of a letter from War Department to General Jackson, conve3ang his 

appointment of Brigadier and Brevet rank of Major General, till vacancy 
of that rank should occur in the line. 
[See copy of letter dated May 22, 1814, and numbered 3.] 

4. A letter from War Dejnirtment to General Jackson conveying his commis- 

sion ;.s Mnior nfMlci'ill. 

[Detautmext of Wak. May 21. 1814. 

Sir, — Since the date ol' my letter of the 24th instant Major General Har- 
rison has re-signed his commission in the army; and thus is created a vacancy 
of that grade, which I hasten to fill with your name. This circumstance does 
away the necessity of sending the commission formerly contemplated. 

1 have, etc., 

J. i. 

Maj. Gen. A. Jackson.) 

5. Any letters from War Department to General Jackson connected with those 

subjects. 

6. Several letters from General Jackson auswerino- those to him. 



1824. REVIEW, ETC., ETC. 3§7 

[None, except the one numbered 6.] 
7. Any others trom him to War Department connected with those subjects. 
[Same answer as above.] 



DOCUMENTS. 

TO GENERAL ARMSTRONG. 

Washixgtox, January 14th, 1813. 
Dear iSiR, — The enclosed commission will inform you of your appointment 
to the direction of the Department of War. I hope it will not be incompati- 
ble with your viev/s to a,vail the public of your services in that important 
trust: and that you will be able, without delay, to relieve the Secretary of 
State, who has been charged, ad interim, with that addition to his other 
duties. 

Accept assurances of my great esteem and friendly respects. 

JAMES MADISON. 



TO GENERAL ARMSTRONG, SACKETT's HARBOUR. 

MoNTPELiER, September 8, 1813. 

Dear Sir, — I have received yours from Albany of the 28th ultimo. So 
much depends on the ultimate character of the present campaign, that whilst 
1 have the fullest confidence that the best exertions will be made, I cannot 
suppress my anxieties: and the less so, as one of the elements on which we 
are to act is of so inconsistent a nature. The loss of our command of Lake 
Champlaiu, at so critical a moment, is deeply to be regretted. I cannot but 
hope, from measures taken, and the character ol" McDonough, that it will be 
regained in time for the co-operation of Hampton, or that the latter will be 
able to get forward by land the essential means of wresting from the enemy 
the ports at their end of the Lake. Chauncey, I see, has gone once more in 
search of the British squadron. I trust in his good sense and firmness as a 
security against his being hurried by an impatience to fix the public opinion 
in his favor. In the N. Western quarter it would seem that Harrison has not 
been able to keep time with Perry. If no augmentation of the British squad- 
ron should deprive ours of its superiority, the delay may have little effect. 

i received lately from Mr. Parker a letter from Grovernor Shelby, of August 
1st, v/ith your acknowledgment of it, intimating that a final answer would re- 
sult from a transmission of the letters to me. From a note of Mr. Parker's to 
me, it appeared that you had not taken the meaning of one to you on the sub 
ject. I returned the letter to the War office, with a few notes, rendered of 
little moment by the lapse of time, but which might have a bearing on the 



3g§ WORKS OF MADTSON. 1824. 

nii.swer. which it may he ^sti]l proper for you to give to the Governor, as it was 
pronii.sefl. 

Tlie Britirsli lloi't unih'V Warren has returned to the south end of the Chesa- 
jieake: whether to renew operations in tliat quarter, to seek shelter against 
the apin-oaching equinox, or to ]u-ocecd to New London or elsewhere, is nn- 
• •(M-tain. X. London would occur as a prol)al)le object, if tlie particular sea- 
on were not unfavorable to it. The two frigates there are the next in im- 
l>()rtance to the objects presented the Chesapeake. "Whatever the immediate 
destination may be. it will be well to keep in mind, that as soon as the pro- 
gress of the season renders a nortliem position nnmanageable. the ulterior 
dpstination. according to their apparent phm of warfare, will be a Southern 
one: that is to say, the coasts and ports of South Carolina and Georgia. Nor 
is it l>evond the range of calculation that Xew Orleans will be an object, 
more especially if onr success in Canada should suggest such a set-off. 

You will have learnt from the War ofiice the difficulties which adhered to 
the expedition against the hostile Indians. In order to remove them, I had 
adopted the idea of jnitting Pinkney at the head of it. The objections to the 
expedient acquired such force from reflection that it was abandoned, and the 
command left with Governor Mitchell, 

You will see by n I'-tter from Governor Mitchell, of August 24th, the meas- 
ures taken bvhim. and those not taken by Governor Blount, relative to the 
Indian expedition: and Mr, Parker will have informed you of his remittances 
for the use of it. I cannot i-econcile what is stated by Governor Mitchell as 
to the purpose of Governor Blount witli the letter from Governor B. of July 
oO, to you. as noted to me by Mi-. Parker. The augmented force called out 
by Governor Mitchell will, it is to be hoi)ed, ensure success, should any fail- 
ure happen on the part of the Governor of Tennessee; and if there should be 
no failure, we must console ourselves for the augmented expense by the sue" 
cess being made doubly sure, and by the more lasting awe which will be im- 
pressed on the savages. 

Y^ou will receive a letter of August 2:)d from Col. Hawkins, with a corres" 
])ondence l)etween him and Governor Mitchell. It is not a moment for dis- 
cussing the tjuestion on which it turns. The doctrine of Governor Mitchell, 
who is regarded as a man of strong understanding, must have been hastily 
formed. 

If General Dearborn wishes the command of a district, it is fortunate that 
M) important a one as that of New York can be assigned to him. I find that 
he feels severely his temporary exile from command, especially the mode of it; 
and that he thinks a courL-marlial, or of enc[uiry, due to him, previous to a re- 
call into ser\ice. He will doubtless, also, compare the importance of the 
operations against (.'anafla with the prol)abl(^ inactivity of the scene at New 
York. 

I have received a letter from AndrcAv Ellicoti. Itv which it ajipcars that he 



1824. REVIEW, ETC.. ETC. 339 

infers from a letter from you that it was in contemplation to appoint him a 
professor in the Military Academy. He is a man of talents and science; but 
if oreat injustice has not been done him in different respects, and his standing 
in Pennsylvania, be what report makes it, the tendency of such a selection 
would merit consideration. 

The Secretary of State was with me yesterday morning, on his way to his 
family. No information from abroad has been received by him. 

J. MADISON. 



i\I()\TPELiEK. September IGth, 1813. 

Dear Sir, — 1 have just rcce)\ed a letter of the Gth inst. from the Secretary 
of War, in which he states that an addition of half a million to the monthly al- 
lotment of one and an half millions for war expenditure is indispensable to 
the completion of the campaign ; and that he has written to the paymaster to 
furnish a sum amounting to about $400,000, called for by the estimate of Pay. 
master Lee, as will be sc.ni in the inclosed copy of his letter. I had previ- 
ously learned from the Paymaster General that, without an enlargement of 
his funds, he could not make the remittances due from his department. As 
so much depends on the success of the armies on the Canada frontier, I hope 
the Treasury will l)e able in this last stage of the campaign to prevent any 
disappointment, which might endanger or embarrass its critical operations^ 
No other expenditure not essential to the life, or, what is next to it, the credit, 
of the Government, can be equally urgent. 

Accept mv cordial and best respects. 

J. MADISON. 

The Acting Secretary of the Treasury. 



MoNTPELiER, September 18th, 1813. 

Dear Sir, — 1 have received yours of the 1st instant from Utica, and of the 
5th from Sackett's Har1)0ur. I have written to Mr. Jones with a view to an 
extra half million per month, for war purposes, during the sequel of the cam" 
paign ; but am not without apprehensions that the state of the Treasury may 
produce diiMculties, unless reinforced by loans not yet ascertained. He will, 
however, feel all the importance of cherishing the operations in Canada, on 
which the eyes and hopes of the nation are so intensely fixed. The latest in- 
formation which has reached me from Harrison and Perry is, from the for- 
mer of the 8th, and the latter of the 2nd instant. Harrison was in readiness 
himself for offensive movements, waiting only for the arrival of Shelby with 
his volunteers. Perry had just returned from another reconnaissance of Mai- 
den, where, it appears, the new ship was rigged, and anchored at the mouth 



390 WORKS OF MADISON. 1824. 

of the harbour with the other ships, under cover of a Battery. Perry's men 
were sickly, as well as himseli'. These circumstances are not favorable ; I 
trust they will be overbalanced l)y those that are so. I just learn, through a 
private channel, that on the 9th Chauncey had just got back to Niagara, Yeo 
liaving once more eluded his pursuit. The lake, therefore, is still open to us, 
and will. <»f course, be used for the proper purposes. It is well that Hampton 
is sciMuvd for the present campaign. The course of it may furnish new holds 
on him, if liis services be as valuable on trial as in anticipation. 

The loss of Williams, at such a nu)iiieut, and in such a deficiency of Gen- 
eral otticers. is trul}' to Ije regretted. 

Accept my great esteem and best wishes. 

JAMES MADISON. 
General Armstrong. 



TO GENERAL ARMSTRONG. 

MoNTPELiER, Sep. 24, 1813. 

Dear Sir, — Since my letter of tlic loth, the state of the Treasury has been 
transmitted to me. It is more iinorablc than J had anticipated, and will be 
able, at least for a short period, to kecip the army in an efficient state. J have 
just received a confirmation of the fine blow struck by Perry. Harrison's move- 
ments, in consequ(Mic(> of it. will. 1 ho})e, he not only effectual against Proc- 
tor, ])ut !>(' l'e]{ ill our orlun* operations. The last account of Chauncey left him 
blockading his autaiiouist in a harbour near Kingston. If the weather should 
not disturb that postui-e, it will be the next best to a successful encounter. I 
sent you. a day or two ago. a letter from a person in New York, lately from 
Halifax. Knowing nothing of him, 1 cannot judge of the credit due to what 
he states. It is improbable in no point ])ut that of the great force in Canada. It 
is strange that whilst they were stri])ping Halifax so bare, they should have so 
long idled tiwas the foi-ce under Warren. I see that his sqnadron has lately 
))een spoken, on its way, apparently, to Halifax ; but it may be that hnding 
his movements without effect in diverting our force from its destination to 
Canada, and the danger threatening that possession, he may be pushing the 
experiment of conveying a succour not too late. * Inclosed is an address from 
the Oneida Chiefs. The employment of the Indians on our side has come 
about in a manner which accounts ibr the inquiry they make. The fairness 
of making use of such services cannot be questioned: but thu value of them 
must determine the question of expediency. Of this you can judge better in 
your position tban I can in mino. I leave it with you, therefore, to shai)e the 
answer to the address as may appear most proper. 

Accept my great esteem and l)est wishes. 

J. MADISON. 



1824. REVIEW, ETC., ETC. 39^ 



Exirad from a letter of James Madison, October 8, 1813, [in answerf] to 
General Armstronys letter of Se2)tember 2G, 1818, from Sacketfs Har- 

hoHV. 

" 1 1 (.■iiunot be doubled tliat y'^ destruction of tlie l)lock-liouses, &c., on our 
side of the Perdido, without a reparation, not to be expected, is a cause of war. 
'rii(> doubt is, whether it lie a case in which the Executive authority can resoil 
i(» ir without the sanction of the Legislature, especially as the hostile step by 
the Simnisli (.nicer nniy not liave Ijccn authorized by his superiors. The prob- 
ability that it has been autlioriz(>d. or will not be disavowed, though a ground 
o('i)roceeding for Congress, who are nndcn- no controul but that of justice and 
policy, must be otherwise regarded by the Department, which is controuled 
by the h'l/at state of things. On this distitiction. and on that between resist- 
ence to an invasion and re])risals for one, it will i^c the most unexceptionable 
course to await the decision of the Legislative Df^partment with respect to Pen- 
sacola-, and other questions arising from Spanish proceedings. There is the 
greater reason for this as ilic next session is not very distant, and it is not 
certain that in the i)resent slate of Indian affairs in that quarter a sufficient 
force could be spared for another object. 

"J. MADISON." 



TO GENERAL ARMSTRONG. 

MoxTPELiEK, October 11, 1813. 

Dear Sir, — The communications which you will receive from and through 
the War Office ])reseni rhc stale of things produced on our Southern frontier 
by the Creek war. ami by the start it had of the movements for meeting it. 
It is of so much importance thot it should receive a decisive blow before the 
success of the Creeks shall have operated on the other tribes, and on the views 
of the Engli.sh and Spaniards, as well as that our settlements should be saved 
from the desolation threatening them, that I have thoug'ht it Avould be best, un- 
der all the circumstances brought to our view, to encourage the exertions of 
Tennessee by adopting the force added by the Legislature to that heretofore 
called for. 

It would be tV.rrunate if we had an eligible Major General in that quarter, 
at once to effect a general concert, and to secure the command in regular 
hands : but such an arrangement appearing to be impracticable, Governor 
Mitchell, who wa> put at the head of the operations against the Indians, will 
continue so, if re-elected at the approaching session of the Legislature. In a 
contrary event, a General Floyd, who is highly spoken of, will command the 
GhOfg.?. detachment; s-'bovdinafe, o<" course, to General flournoy, who will 



392 WORKS OF MADISON. 1824. 

be so 10 the commander of the Tennessee forces, if a Major General, as prob- 
ably will be the case. 

The late success ol Ferry and progress of Harrison will have a favorable 
inflnence on the Southern Indians: but should they not be known in time to* 
arrest the confidence and activity with which the war is pursued [some omis- 
sion.] 

Yesterdav's mail brouo-ht the account from Harrison, dated al Amherst- 
burgh. T trust thai in his pursuit he will not Ibriict the traps and tricks of an 
artful enemy. The (lnn<ier of these may be the greater il" he is on foot and 
Proctor on horseback, and as some ruse or other may be essential to a suc- 
cessful retreat of the la ter. Your let*^er last acknowledged brought the latest 
'nformation relative to tlu quarter where you arc, and to Hampton's move- 
mcnt.s. The issue of the (mgagement on Lake Ontario is still unknown. The 
universal anxiety on rlie occasion corresponds with the extreme importance 
of it. Your letter of the 21st of September had not been seen at the date of 
uiy last. The circumstances Avhich it states make it proper that Ellicott 
should not be set aside. 

AVe ha\e nothing froui di)tlomatif scuirces throwing much light on the fieM 
of foreign politics, nor a line from our Envoys to Russia. 

Accept my best regards. 

JAMES MADISON. 



TO GENERAL ARMSTRONG. 

Washington. October 30. 1813. 

Dear Sir, — Before my return hither 1 received yours of the 8th instant, and 
have since received those of the 11, 13, I'J, and 20. The order relative to the 
discharge of . militia from Norfolk, referred to in the first, was not in" 

closed in it, and has not come otherwise to hand. There can be no question, 
under existing circumstances, but as to the degree in which the force at that 
■place may be prudently reduced. 

The liirn which things had taken in the S. W. quarter created much diffi- 
culty in employing the services of Oeneral Willianis in thfi way rendered desir- 
able by the confidence we all have in his capac'ty and activity. Both Gov- 
ernor Mitchell, who has not aljsolutely declined the command allotted to him 
and General Pinckney, have been apprized of General Williams' solicitude to 
be employed in the expedition against the Creeks, and in terms indicating our 
opinion of his fitness to be as much in the front of it as might be practicable. 
The expedient of a bre\et commission which you suggest would answer the 
purpose against militia pretensions. But if it be within the scope of the law, 
which you seem not to doul»t, it would leave on hand the claims of Geneiial 
Fiournov, within whose contmand the theati-e of expected operations lies, and 



1824. REVIEW, ETC.. ETC. 393 

who has, it appears, repaired to it. Should New Orleans be seriously threat- 
ened bv movements of the enemy, a separation of commands might prevent 
collision without unibriige to General Flournoy. It is prol)able, however, that 
before any new arrangement can be carried into effect at such a distance the 
rrisis will be over. 

The expense threatened on the part of Tennessee is much to be regretted. 
It was sul)initted to in consideration of the delays and uncertainties which had 
Hccnied, and in the hope that the augmented force from that quarter would 
ensure success before British or Spanish measures could co-operate with the 
hostile Indians, particularly in drawing other tribes into the war; and that 
the period of service would be very short. Governor Blount has been already 
reminded of the expediency of avoiding every waste of force and expense, and 
of the v(>|)orted disappearance of our ground for augmenting tliem; namely, a 
threatened invasion of the State by a large Indian force. 

It is unfortunate that tlie weather has conspired so much with the manoeu- 
vres of the enemv to contract the period for the remaining operations. In the 
worst event, I liope an intermediate establishment between Kingston and 
Montreal can be secured ; which, adding to the advantages already gained in 
the present campaign one having so favorable a bearing on the next, will 
preserve the tone of the nation, and inculcate on the enemy a disposition to 
peace. 

I was surprised to sec by your letter of the 20th that the victory of Harrison 
on the .'ith had been so imperfectly conveyed to you. That of Perry on the 
10th of September. I recollect, was alluded to on the 25th by Chauncey at 
Niagara as a report oidt/. believed to be true. 

J. MADISON. 



TO GENERAL ARMSTRONG. 

Washingtox. November 15th, 1813. 

Di:ar Sir, — I have received yours of the 8th from Albany, and shall look, 
in a few days, for some result of the critical posture of our military affairs on 
the St. Lawrence. The weather here has become suddenly very cold, but 
without snow or rain : and seems to lie getting back to a milder state. If it has 
not been more than proportionably worse at the scene of operations, the pros- 
ecution of tlu^m will not have been obstructed by ihat cause, and hopes may 
be iiidiil,L:*'d th;t! ilicv will he siic'eossfiil. I have had some apprehensions, from 
the dates of nMnforcements from England, that they might arrive in time to 
strengthen the hands of I'revost; but if they Ite not greater than are stated, 
and his previous force be as limited as it is understood to be, the prospect would 
■still be hopeful. 

Li. chu'.iiig the place for Hull's trial, v;hich should be delayed as little longer 



WORKS OF MADISON. 1824. 

a'; may 1)0, the priniarv consideration certainly is the conveniency to the army 
a\<\ T do not know that the secondary one, which regards the witnesses, affords 
iiintorial objections to Albany. The time and place at which they are to at- 
tend cannot be too soon made known; some of the important witnesses being- 
iriw ill ilie Atlantic States, who may soon r(>turn to the Western. 

The vindictive order from Montreal threatens a serious retaliatory contest. 
Ahliongh the enemy have so groat an excess of prisoners in their hands that 
scarcely any snccess at Montreal will balance it, we must meet them with 
determination. 

The late communications from Harrison and Cass, the latter just appointed 
uo\ernor of Michigan, call our attention to several points: 

1. 'I'he Government of the coii((uer(Ml territory. On this point the answer 
is, that the military authority of the coniineror, to be exercised with as much 
lenity and as little needless innovation as possible, must prevail until the 
legislative authority may interpose. 

'1. As to the Indians. The temporary arrangements made on the spot for 
taking advantage of their depression, without infusing despair, will suffice till 
I ho case be more systematically provided for. 

o. The supplies of food to the inhabitants of Michigan. On this point Cass 
has been told that they are to l)e continued as far as may be imperiously re- 
tjiiired by humanity: which must jnstify to Congress such an application of 
money not contemplated l)v the law. 

4. It is asked whether, and how, the injuries suffered by individuals in vio- 
lation of the capitulation are to be indemnified. As indemnity is not to be 
looked for from the National Treasury, no mode presents itself for considera- 
tion but that of sending an estimate and demand to the British Commander. 
But this ste}) wotdd be ineligil)le without a previous decision that, in case of 
its presumed failure, the amount should be taken by military distress from the 
most able and obnoxious inhabitants of Canada under our power. This Avould 
be a course most approaching to justice: but being a novel one, and difficult 
also, it ought to l)o Aveighed before it be adopted. It will be proper, however, 
without special refereiu-i- to such a piiri)ose. to have an estimate of the dam- 
ages in question made out, as within the resolution of Congress which requires 
a report of all acts of the enemy violating the laws and usages of war. 

You will learn from the ^Vnv Office what has been done and is going on in 
the Southwest quarter. 

Not a line yet from our Envoys to Russia. 

J. MADISON. 



sasaBezs^ 




i!?rj->?>-ii'ji^jL>i i wnwrn i fw n 



1824. REVIEW. ETC.. ETC. 3^5 



Copn of a note on General McClures letters of the lOtJi, 11 th, and IWt of 
December, 181.S, reiurned to the Department of War. 

Besides the answer to General McClure, it may l)e proper to instruct Gen- 
eral Wilkinson to say frankly to Provost, that the burning' oi' Mewark was the 
effect of a misap])rehension of the officer, and not an ordi^r from the Govern- 
ment. Tins may be done without authorising- an inference that such a meas- 
ure exceeds a just retaliation, or precluding a reflection on the facility with 
which a perseverance" of the enemy in a syst(Mn of conflagratiim can he made 
reciprocal. A d(^siro to juit an end to such an aggravation of the evils of war 
is a sufHcient explanation of the disavowal. 

J. MADISON. 

December 29, 1813. 



TO THE SECRETARY OF WAR. 

MoxTPELTER, May 4, 1814. 

Dear Sir, — T have duly received your letter of the 1st instant, suggesting 
a recall of the vessels .'illottod. for Lake Huron, &c., with a view to another 
destination of them. 

The force which can l)e assembled at the east end of Lake Erie by the 10 
of .lune is greater than I had relied on : and if employed towards Burlington 
Heights and York, cannot fail to have a saluary effect in different directions, 
AVhether it would liave that ol" sufficiently controuling the savages, and pre- 
venting the distresses and exjjcuses of another frontier campaign, Avhilst Mich- 
ilimakina should remain a source of British influence and intrigue, and, above 
all. in case the enemy should be able to make some naval show on Lakes Hu- 
ron and Michigan, is the most serious question. I have communicated your 
views of the subject to the Secretary of the Navy, who will make the proposed 
change, if not too late to recall the vessels, and if he is satisfied that the ene- 
'my's ]n-oject of a naval show on the waters of Lake Huron is abandoned, or 
cannot be pursued with any injurious effect. 

Perhaps it may l)e practicable to find sufficient naval means for the occa- 
•sion without interfering with the Huron expedition, which will employ but a 
part of the vessels on Lake P:rie. The land force must, I presume, be too in- 
considerable to iutei-fori^ with the other object; besides that, its appearance in 
the upper quarter may not be without effect in lessening the descent of sav- 
ages to the theatre below. 

In a case so much to be influenced by intelligence and occurrences, and 
now so little admitting delays, I cannot do better than leave it to yourself and 
the Secretary of the Navy, whose interchange of information and ideas prom- 
ises the safest result. [See annexed letter to the Secretary of the Navy.] 



396 WORKS OF MADTSON. 1824. 

After all. the issue of offensive operations in the neighbourhood of Lake 
Ontario must have some rlependenoe on the naval command there. Should 
this be in the hands of the enemy, sudden concentrations at any point chosen 
may thwart measures otherwise the best planned. With that advantag-e, par- 
ticuhirly, unles,- his force at Kingston be and remain inade([uate, the scheme 
of forming a iiav;il force on Tjakc Huron. -through the medium of York and 
Lake Simcoe, might, for the season at least, be pushed with mischievous 
effect. 

JAMES MADISON. 



TO THE SECRETARY OF THE NAVY. 

MoxTi'ELiER. May 4. 1814. 

Dear Sir, — The Secretary of War, in a letter of the 1st inst., states that the 
last advices make it evident that the enemy, instead of now meditating a re- 
establishment of himself on the Thames, and a renewal of his intercourse with 
the Indians, means to strengthen himself on the Peninsula, making Fort Erie 
the western extremity of his line of operations ; that including the garrisons 
of Detroit and Maiden, it will be practicable, by the means already taken, to 
assem])le on Lake Erie and its waters, l)y the 10th day of June next, 5,000 
regular troops and o. 000 volunteers and militia: but that this force will be 
dispersed and comparatively inoperative MMthout the aid of the flotilla on that 
Lake : whilst with that aid, such a force, or even less, landed at a favorable 
point, and directed against the enemy's posts at "Burlington Bay and York, 
could not be resisted without weakening and exposing himself to our forces at 
Sackett's Harbour and Plattsburg ; the interposition of such a force being in 
the mean time a barrier to Detroit and Maiden, obstructino- the intercourse 
with the Indians, and leading, also, to the evacuation of Niagara, and rendering 
less im))ortant to him a continuance of the naval contest on Lake Ontario. 
With these prospects, he suggests that the expedition into the western lakes 
be relinquished, and that the naval means allotted to it be turned in aid of 
that above proposed. 

The ]n-oV)able effect, above as well as below, of so large a force, if it can be 
assembled at the eastern extremity of Lake Erie, entitles the suggestion to 
fair considcM-ntioii : ■.\\\<] il' vou fiivl ii not too late, and are satisfied that the 
}))-ojeet ot creating a naval force on th(! waters of Huron is abandoned by the 
enemy, or cannot be effectually pursued so as to threaten a reanimation of sav- 
age hostilities, it will 1)e best, under all circumstances, to change your orders 
to Cai>tain Sinclair, f give the Secretary of War so to understand. 

Perhaps it maybe practicable to find a sufficiency of naval aid for the War 
Departnisnt without interfering with the expedition to the Western lakes. The 
Ian '1 fcrce withdrawn for it must, I presume, be too inconsiderable to inter- 



1824. REVIEW. ETC.. ETC. 397 

fere with the other object ; besides that, its appearance may prevent some of 
r^^(> .ravages from descending to the main theatre of operations. 

hi a ease depending on intelligence which mnst daily be improving, and on 
circuuistaiu'cs lial)lc to continual change, il would be unsafe to be more posi- 
tive than 1 have been. 1 cannot do better than to leave it in the hands of 
vourself and the Secretary of War, whose interchange of information and sen- 
timents promises the soundest result. 

JAMES MADISON. 



TO THE SECRETARY OP WAR. 

MoNTPKiJEH, May 17th, 1814. 

Dear Sir. — Obstructions to the mail retarded for several days yom* letter 
of the 9th instant, accompanied by a cori-espondence between Generals Wil- 
kinson and I/ard, on the subjecl of the court-martial. The letter from the 
former to ibi' l)o]>arinuMit of War. referred to in the correspondence, was 
omitted. 

The objection made lo vho \aliditv of the order for a court-martial cannot 
])e su.svaincd. Altlutugli orders derive llieii' authority from the President and 
not from the DepaL-tmenl oi' War. where an authority is not specially vested in 
it by lav.', the authorirv of the President in orders rctj[uiring it is to be pre- 
sumed wIkmi ]»a.ssing llu'ough a legitimate and known channel. I have not 
the means of asccM-tainini;- whether the terms of the order sent by Col. Wal- 
bach corresponded with tlie eunvnt of precedents. Should there have been 
any deviation in that respect it woidd tu)t vitiate the order itself, and may be 
avoided in future. 

The other objection, viz : to the member of the court and the deficiency of 
rank in one of the niembers, is also without legal foundation. The extract 
from the artieles of war cited by you import that the Executive must necessa- 
rily jiulge, on its resjrjiisibilitv. whetlu^r in anv particular case a restriction of 
the members of a court-martial to tlu^ smallest numl)er that is required in or- 
dinary cases, or a resort to officers of inferior rank, can or cannot be avoided 
without manifest injury to the service. 

But althouoh there lie no le^fal rio-ht on the side of General Wilkinson, it 
merits consideration whether there may not be expectations which will be 
deemed reasonable. ]^>ei;ig of the highest grade in the army, having been 
charged with tiie most iniportaut operations of the campaign, and so much 
time liaving elapsed after the question of a military court came into view, 
during which time he was continued in command, the grounds on which the 
smallest allowable number, with an inferiority of rank in any of the members, 
can be projjerly enforced, ought to be ((puillv certain aiul imperious. The law 
evidently favors, in behall'oC the party to be tried, the highest number and an 
equality of rank. 



398 WORKS OF MADliSON. 1824. 

As Geueral Wilkinson will be content with a court composed of five mem- 
bers only, piovidef] they 1)P (leneral uiKcers, it is proper that such an one 
should bo instituted, and assembled at as early a day as Avill avoid manifest 
injuvv to the ])ul)lic service. Of this determination you may inform him. The 
selecti(m of the officers most elitiible for the court, with the other necessary 
steps, may await my return to Washington. The suggesticnis in the letter of 
General Pinckney of April 22d, now returned, appear to be judicious. It would 
liavc bet'u well if Ik- could have participated in the final arrangements with 
the .subdued Jndians. The task of making them is now, however, so easv, that 
Col. Hawkins alone might suflico for it. But it may be more satisfactory to 
associate Col. Milton or some one else with him. It may lie more satisfactory, 
also, to give associates to General Harrison for a treaty with the N. W. Indians, 
and Mr. Morrow and Col. .Johnson will be a fit selection. Send me a commis- 
sion, and let it be joint and several, as well to guard against casualties as to 
leave General Harrison free for the other service allotted to him, in case of 
an interference between the two. 

Send, also, a commission of Brigadier and a brevet of Major General for 
General Jackson. 

I have not yet fixed the day of my setting out for Washington. Until you 
receive notice of it your coninuinicatjons may be continued hither. 

Accept my respects and good wishes. 

JAMES MADISON. 



TO THE SECRETARY OF WAR. 

Movn'KLiKU. May 20. 1814. 

Dear Sir, — I have received your letter of the 17th instant, covering further 
communications from General Pinckney; which are now returned. 

The supplies necessary to save the Indians from starving cannot but be 
approved, notwithstanding the failure of legal provision for the purpose. It 
is a case of humanity and necessity which carries its own justification with it. 

I mentioned in my last Col. Milton as a fit Commissioner to succeed Gen- 
eral Pinckney, and as apparently within reach oPthe time and place for treat- 
ing with the Indians. If G()vernor Holmes be so, he will be a very unexcep- 
tionable associate. McKee, also, may be well qualified, and is probably not 
too distant. But 1 think there will be a jiropriety in giving a preference to 
the Agent, residing with the Cherokees, who is senior to him in several re- 
spects, who is very intelligent as well as experienced, and who will represent 
that meritorious tribe of Indians as well as the United States. I know not 
how far his age and other circumstances may admit of his attendance. You 
can better deciile with the infornuition you possess, or may obtain on the 
spot. Thei-e avouM be some advantage in associating l)oth of them with Col. 
Hawkin:-., ^'c. : but. bo'sidcs the c.\]nii.-f of:) miiivrous commission, there may 



1824. REVIEW, ETC., ETC. 399 

he more danger of the want of concord. Make the selection you find best out 
of all that have been named; Col. Hawkins being of course retained. 

Whether the friendly Indians ought to be a party to the arrangement with 
the hostile ones is a question it may be l^est to leave to the Commissioners, 
who can best appreciate the considerations on which it depends. It seems 
most suitable that, although the terms of the peace will be dictated to the hos- 
tile Indians, their pride should not be irritated by excluding even the form of 
consent on their part ; especially as it is possible that a foreign enemy of the 
United States may still make experiments on their character, if the future cir- 
cumstances of the war should suggest them. Even this question, however, 
may be left with the Commissioners, if they see in the other course the surest 
precaution against revolt. The most critical part of the task will l)e the de- 
marcation of lands to be given up by the oflFenders, and of lands to be secured 
to the friendly Creeks. It may be proper, also, to reward the Cherokees, if 
not the Choctaws, by some accomnujdations to them ; and to consult the views 
of the States of Georgia and Tennessee as far as justice and policy will permit. 

These are points on which the information and discretion of the Commis- 
sioners must decide ; subject, of course, to the constitutional ratification. 

Nothing better can be done with the leading offenders who may be surren- 
dered than to have them effectually secured, with a report of the circum- 
stances, which ought to infiuence the disposal to be respectively made of them. 
The treatment of the aged Telassia King may be safely trusted to the human- 
ity of Col. Hawkins. 

T have much confidence in the judgment of General Pinckney in relation to 
the number of posts and men requisite for the conquered territory. But in 
the prostrate condition of the savages, and with the force which will be South 
of them, whilst the terror of Georgia and Tennessee will be on the other side 
of them, reductions in those respects will, I hope, be admissible very soon, if 
not at present. They are much to be desired, as well on account of the diffi- 
culty of keeping up regular supplies, as of the occasion there may be for in> 
<^reased exertions in other quarters. 

T am just possessed of the intelligence last from France and Great Britain, 
and the iiroclamation of Cochrane nddressed lo the blacks; they admonish us 
to be jirepared for the worst the enemv may be able to effect against us. The 
date concurs, with the measure proclaimed, to indicate the most inveterate 
spirit against the Southern States, and which may be expected to shew itself 
against every object within tJie reach of vindictive enterprise. Among these, 
the seat of Government cannot fail to be a favorite one. 

I have the day for setting out for Washington still to fix. It was my origi- 
nal purpose to be back before the first of next month, and I shall endeavour 
to effect it. 

Accept Diy respects and best wishes. 

JAMES MADISON. 



400 WORKS OF MADISON. 1824. 

Department op "War. May 21, 1814. 
Sir, — Since the dale of my letter of the 24th instant. Major General Harri- 
son has resigned his commission in the army, and thus is created a vacancy 
of that grade, which I hasten to fill with your name. This circumstance does 
away the necessity of sending the commission formerly contemplated. 

I have, &c.. 

J. A. 
Major General A. Jacksox. 



r 



[No. o.] Depakt.mfat of War, May 22, 1814. 

Sir, — The vucancy [ii-odiu-ed l)y (rcneral Hampton's resignation, not having 
been filled during the late session of the Senate, cannot be supplied constitu- 
tionally during the recess of that l)ody. All, therefore, that can be done at 
])ro.ven(. in reward for xonr hIjIc niid gallant conduct during the campaign, 
:iii<l ill K'siimony (tf the public respect these have obtained, is to make you a 
Brigadier of the line, with the Brevet of Major General, and to invest you 
with the command of the 7th Military District. Commissions of this charac- 
tcT will be immediately prepared and forwarded ; and I cannot but bope that 
they will he acceptaltlc and accejited. and that it will not be inconvenient for 
you to assume this new command without loss of time. 

I avail myself of this occasion to offer to you my great respect and best 
wishes. 

J. A. 

Major General Andrew .Iack.son, 

Nashville, Tennessee. 



TO THE SEOISeTARY OF WAR. 

MoxTPELiER. May 24. 1814. 

Bear Sir. — I have received yours of the 20th instant. The sufferings of 
the troops for want of clothing and pay are the more to be lamented as they 
cannot fail to damp the recruiting service, and particularly the re-enlistment 
of the men who are soon to be discharged. Tt seems strange that arrears of 
pay should run back for more than a year, and that supplies of clothing should 
have been so deficient that the troops at one station should have got none, 
vuid tliose at another not enough. It is always fair, however, that explana- 
tion should i)recede censure. Thai is necessary in this case : at least for a 
just distribution of the censure among the responsible agents. 

It would be a ciicumstance of regret if either the Stuie of Tennei'see or 



1824. REVIEAV, ETC., ETC. 4qjL 

General Jackson should be dis.sji*-isfied at the course taken in the peace with 
the Indians. I am not sure that I understand j^our remarks on what took 
place previous to the departure of General Pinckney. It is to be considered 
now that tlu' a})pointniout of Commissioners to treat will not refer to a military 
capitulatiou, but to n regular treaty to be submitted to the Senate. 

The commission by Brevet for General Jackson is not accompanied by the 
preliminary one of Brigadier. As the resignation of General Harrison renders 
that cirtMiit unnecessary, tlic better way will be to send at once a Major Gen- 
eral's commission. T suspend a final d(*cision, however, till I see you, which 
will be in two or three days after the arrival of this. The decision as to Gen- 
eral Howard ma}^ also be delayed. 

If the power of France be broken down, which is more than probable, for a 
time at least, and the allies of England can be prevailed on to acquiesce in 
her measures against us, Avhich is i)ossible, we may calculate on the utmost 
extension she can give tlieui. both on onr Atlantic and inland frontier. I ob- 
serve that her exertions for J^akc Ontario correspond with our anticipations. 
Among them aj)|)enrs the project of sending ships from England in frames. 
If these arrive, and the conveyance of them up the St. Lawrence cannot be 
prevented, there will 1»e little hope of our obtaining and keeping the command 
on that water. 

The complaints against Burberk have been so multiplied and pointed that 
his longer ct)ntinuance Avliere he is is highly inexpedient. Transfer him to 
some other theatre which you think less unsuitable for him; and be so good 
as to hand the letter from ^[r. Chauncey, after perusal, to the Secretary of the 
Treasury, who will communicate it to the Postmaster General. It contains 
matter which the Paymaster General, also, may properly see. 

If the case of Lieut. Gore, inclosed, calls for the interposition represented, 
let a pardon be provided in the customary form. 

Accept my respects and best wishes. 

JAMES MADISON. 

P. S. May 25, — J observe in the National Intelligencer, just received, that 
a consolidati(jn of 4 regiments into 2 has been finally carried into efiPect and 
made pu!)lic. You must have inferred more from my conversations than I 
could have nu>ant t(« eonvey by any thing in them on the subject. The ques- 
tion ot exercising such a power, made discretionary by law, the designation 
of the regiments to 1)e consolidated, and the discrimination between the offi- 
cers to be retained and disbanded, involved so many considerations of impor- 
tance, of justice, and of delicacy, that I should not have considered myself as 
satisfying my responsibility without weighing well the" whole proceeding. It 
may be doubted, also, whether, as the exercise of the power Avas limited to the 
event ot a failure to fill the rank and file of the regiments, the condition has 
yet oecurr^d: the period b^'tween the passage of the law and the act of cou- 

VOL III 26 



402 WORKS OF MADISON. 1824. 

ftulidation having' aduiitted so seamy an opportunity for an adequate trial of 
the means of recruiting. 

JAMES MADISON. 



TO THE SECRETARY OF WAR. 

June 3, 18U. 

J. Madison requests a consultation with the Heads of Departments on Tues- 
day next, at 11 o'clocV. 

The oljject is to decide on the plan of campaign which our means, military 
and naAal. render most eligible. 

In the mean time, the Secretary will cause to be made out and send 
over — 

1. A statement of the numbers and kinds of regular force, respectively, at 
the several military posts and stations throughout the United States. 

2. The numbers on the way thereto, respectively. 

H. The remaining numbers enlisted, and in what States, according to the 
last returns. 

k The amouni and kind of the enemy's land forces in Canada, or on the 
frontier of the United States, and at what places, according to the best infor- 
mation in the War Department. 

.'». Ditto, ditto, ditto, expected there, and when, according to ditto, ditto. 

♦i. Ditto, ditto, of enemy's land forces near, and destined for, our Atlantic 
frontier, according to the best information in the Department of War. 



TO THI-: sK' ';!:tary of thk xavy. 

JuxE 3. 1814. 
.T. Madison re(| nests a eonsultation, &c., on Tuesday next. 
The olijeet is to decide on the plan of campaign which our means, military 
and naval, render most eligible. 

Meantime, the Secretary of the Navy will cause to be made out and send 
ovei' — 

1. A statement of the naval force on the Lakes Erie, Ontario, and Cham" 
jtlaiii. resj-teetively, now ready for service, and the portion of that on Lake 
Erie (It v^tiued for Lake Huron. 

2. State and [irospects of additional naval force in preparation for Lakes 
Ontario and Cliamplain. respectively. 

:'.. Slate and stations of Aessels of war, (including the steam vessel,) gun- 
Ijoats, and barges, for the defence of the Atlantic frontier. 
4. Na\al force oi the tuemy, (including marines,) according to the best in- 



1824. REVIEW, ETC., ETC. 4Q3 

formation in the Navy Department, near and in the Atlantic waters of the 
United States. 
5. Ditto, understood to be destined for our coast. 



TO THE SECRETARY OP STATE. 

JuxE 3rd, 1814. 

J. Madison requests a consultation with, &c., on Tuesday next. 

The object is, &c. 

Meantime, the Secretary of State will cause to be made out and send over 
a statement of any information receive<l in his Department relative to the 
military or naval force of the enemy destined to Ca'iada or the United States, 
and to the military or naval operations contemplated by the enemy during the 
present campaign. 



TO THE SECRETARY OP THE TREASURY. 



J. Madison requests, &c. 
The object is, &c. 



June 3, 1814. 



TO THE ATTORNEY GENERAL, 



J, Madison requests, &c 
The object is, &c. 
June 3, 1814. 



In Cabinet, June 7, 1^14,— Present : J. Monroe, G. W, Campbell, General 
Armstrong, W, Jones, R. Rush. 

The subject, the opening of the campaign. 

1. Determined, netn. con., on an expedition into Lake Huron, of 4 or 5 ves- 
sels, and 800 or 1,000 troops ; the first object to occupy Machadash and St. 
Joseph's, leaving about 500 to hold, at least, the former. 

2. Do., nem. con., (except Mr. Moaroe, who did not positively oppose, but 
thought the measure hazardous,) on an expedition, with the forces under Gen- 
eral Brown, from Lake Erie, near Long Point, to Burlington Heights, prepar- 
atory to further operations for reducing the Peninsula, and proceeding towards 
York, &c. 5 the expedition to depend on Commodore Chauncey's getting the 



404 WORKS OF MADISON. 1824. 

command of the lake, without which supplies could not be secured, and with 
which they miorht be conveyed safely by water from depots on the south side 
of Lake Ontario. 

3. Do., iiem. con., 14 or 15 armed boa^s to be built at Sackett's Harbour, to 
command the St. Lawrence, under protection of posts to be supplied by de- 
tachments from Izard's command, so as to intercept the water communication 
between Montreal and Kingston. 

4. Do., nem. con., the main force under Izard to make demonstrations to- 
wards Montreal, as a diversion of the enemy from operations Westward, and 
afifording a chance of compelling Prevost to fight disadvantageously, or break 
up his connection with Lake Champlain. 



[No. 6.] Nashville, June 8, 1814. 

Sir, — Yours of the 2 2d and 24th ultimo, with enclosures, have been re- 
ceived, and are now before me. The former alone shall be the subject of this 
communication. The appfnutmoiiis of Brigadier and Brevet Major General 
in the line are accepted under the circumstances tendered ; believing, from the 
tenor of your letter, that the Senate, on its meeting, will honor me with the 
rank in the line which I have held in the militia service of the Republic for 
many years. Your other communication shall be tlie subject of a separate 
letter. 

I shall avail myself of the earliest opportunity to assume the command of 
the 7th Military District, pursuant to your wishes. 

Very respectfully, sir, your most obedient, 

(Signed) " , ANDREW JACKSON. 

Honorable John Armstrong, 
, Secretary of War. 



June 15, 1814. 
The Secretary of War will send — 

1. All the correspondence with General Harrison, subsequent to his return 
to the Western Country. 

2. The correspondence with General Wilkinson from the date (inclusive) of 
his first request of a military investigation. 

3. The correspondence with General Jaclson, subsequent to his leaving the 
Indian Country. 

4. The General orders which have been issued from the office of the Adju- 
tant and Inspector General, subsequent to the 1st of May last. 

5. The correspondence subsequent to that date with the several officers com- 



1824. REVIEW, ETC., ETC. 4q5 

manding military districts ; including the separate correspondence with Gen" 
erals Izard, Brown, and Gaines^ in the 9th district. 

6. The instructions to the Commissioners for treaties with the Creeks, and 
with N. Western Indians. 

7. The number of small-arms manufactured within the last year by and for 
the United States. 

S. The number of small-arms fit for use at the several depots, respectively. 
To save time and copying, the letters, instructions, and orders from the 
War Department may be sent in the record, or the retained draughts. 

J. MADISON. 



to the secretary of war. 

June 18, 1814. 

Besides the tendency of the proposed attempt for removing the Indians 
north of the State of Ohio to disquiet them, there are other objections to the 
measure. It may have a like tendency in its bearing on other Indians con- 
nected with the district given in exchange. And what merits particular atten- 
tion, the territories contiguous to this district, whose peace and security might 
be affected, will probably be dissatisfied. A pointed remonstrance against such 
a measure was given in by the delegate from Missouri. Its policy, at this 
time, was not supported, if not opposed, by some of the most weighty charac- 
ters of the State of Ohio. 

Instead of a treaty of alliance and subsidy, specifying the pay, subsistence, 
&c., &c., which, requiring the sanction of the Legislative branches, could not 
have effect during this campaign without an Executive assumption of the 
whole treaty power, an article will be better, simply obliging the Indians, if 
required by the United States, to enter into the war, and put themselves under 
their direction in the prosecution of it. This will lay us under no treaty obli- 
gations, and leave the way open for the employment of the Indians as hereto, 
fore under military arrangements, for which explanation at the treaty on the 
several necessary points might sufficiently prepare them. 

A change in the instructions to the above effect will probaby reach the 
Commissioners in time 5 but it will not avoid the incongruity of the proceed- 
ing. 

JAMES MADISON. 



Col. Croghan's letter^ with the fnllowlay note Ihei'eua by General Armstrong^ 

referred to the President. 

"This letter of Lieut. Col. Croghan's is highly improper: 1st, because he 
ei.ad€! no complaint of what he calls a departure from military etiquette to 



406 WORKS OF MADISON. 1824. 

the War Department : 2d, because the first notice he takes of it is m a letter 
to a navy officer, and then without any object of business, as he says his con- 
duct will not 1)0 the result of any chagrin produced by it : 8d, because, by a 
letter to General Harrison of the 15th of May, it appears that he would not 
permit Major Holmes to go until an order to that effect was sent directly to 
himself: and, 4th, his doctrine of etiquette is unfounded, either in the practice 
of the land or sea service. The order was sent to General Harrisoa. Are 
orders from the War Department to be sent to every Colonel in the army be- 
fore he will consent to aid in an expedition directed by the Government? 

"For the orders to General Harrison and to Major Holmes, see page 172 of 
the letter book." 

Received June 18, 1814. 



Note on the note of the Secretary of War covering letter of Col. Croghan to 

Captain Sinclair, of Mat/ 26. 

As the ordei" to Major Holmes required a resort to his superior officer, Col' 
Croghan, and as Ca]M. Sinclaii- was ordered to communicate with the latter, 
it might have Ix-en l)ettei' to have conveyed the orders to Major Holmes through 
Col. Croghan than vice versa, as well as to have apprised Col. Croghan di- 
rectly of the orders to Captain Sinclair. But there being no room to question 
the orders to Major Holmes, or those to Captain S., and the case forbidding 
delay, the proper course for Croghan was to have conformed to the authenti- 
cated intentions of the Government, and to have then made his communica- 
tions on the sul)ject, both to the War Department, and to the officer command- 
ing the district. The superseding arrangement transmitted directly to him 
on the 2nd of June admits of no misconstruction, unless, indeed. Holmes 
should set up his direct and unrevoked orders from the War Department 
against those proceeding immediately from Col. Croghan. 

A Canada newspaper, in the hands of the Secretary of the Navy, speaks of 
the weakness of Michilinmkina, and of a reinforcement on the way, under a 
Lieut. Colonel. 

A decision on the acceptance of General McArthur's resignation is sus- 
pended, with a view to the questions whether he may not be employed as he 
wishes and to a proper successor. 

J. MADISON. 

June 18, 1814. 



1824. REVIEW. ETC, ETC. 407 



Note on a note* of the Secretary of War, on letters from Governor Clarke 
and General Howard, proposing the establishment of a post at Prairie du 
Chiea. 

The apparent objections to the proposed establishment of a post so distant 
are very strong. Much weight, however, is due to the concurring opinions of 
Governor Clarke and (General Howard, both men of judgment, and possessed 
of many advantages for a correct exercise of it in such a case. 

J. MADISON. 

June 19, 1814. 



to the secretary op war, 

June 20. 1814. 
General Wilkinson, ii. appears, addressed an application to the President on 
the 6th ult. for an op] )i»ri unity of securing testimony which may be lost by the 
casualties of the cam|iHign. Fhis is reasonable; and be effected by deposi- 
tions taken in the usual mode, a Judge Advocate attending on the part of the 
public. Give the pi-oper instructions for the purpose, and let the General be 
informed that his request is complied with. It will be proper, also, to liberate 
him from his restriction to particular places of residence. 

I wish a list of all the Major and Brigadier Generals not prisoners of war, 
as at present respectively distributed for service. 

J. MADISON. 



to the secretary of war. 

June 21, 1814. 

The taking of soldiers for manning the navy is certainly a disagreeable cir- 
cumstance in several respects; but the efficient state of the navy, even fot" 
land operations on the Canada frontier, is so essential, that it seems unavoid- 
able occasionally, until a sufficiency of seamen can ])e obtained, for which 
every exertion is doubtless made. 

The expedient of volunteers, adopted by General Izard as a diminution of 
the inconvenience, seems a good one, and he will, of course, repress improper 
attempts to prevent its success. 

J. MADISON. 

* " I cannot believe in the wisdom of establishing a post 600 miles in the enemy's country ; once 
establiehed, it must be supported, and at an enormous expense. 

" J. ARMSTRONG ," 



408 WORKS OF MADISON. 1824. 



Submitted to the Cabinet, June 23 and 24, 1814. 

1. Shall the surrender by Grea* Britain of the practice of impressment, in 
a treaty limited to a certain period, be an ultiraatara? Monroe, Campbell, 
Annstronpr, Jones — No: Rnsh inclining, but not insisting otherwise. 

2. Shall a treaty of peace, silent on the subject of impressment, be author- 
ized ? All no, but Armstronpr and Jones, who were aye. 

3. Shall a treaty be authorized comprising an article referring the subject 
of impressment, along with that of commerce, to a separate negotiation? Mon- 
roe. Campbell, Armstrong, and Jones — Aye : Rush for awaiting further in- 
formation from Europe. 

June 27, 1814. 

In consequence of the letters from Messrs. Bayard and Gallatin of May 6 — Y, 
and of other accounts from Europe, as to the ascendency and views of Great 
Britain and the dispositions of the great Continental Powers, the preceding 
question No. 2 was put to the Cabinet, and agreed to by Monroe, Campbell, 
Armstrong, and Jones : Rush being absent. Our Minister to be instructed, 
besides trying the other conditions, to make a previous trial to insert or annex 
some declaration or protest against any inference, from the silence of the 
Treaty on the subject of impressment, that the British claim was admitted, or 
that of the United States abandoned. 



Headquarters 7th Military District, 

Murfreesborough. June 27th, 1814. 

Sir, — Mine of the 25th instant advised of the rumours of the day, and that 
on the 26th I would set out for Fort Jackson. At this place I met a corrobo- 
ration of the account that 300 British had landed, and are fortifying at the 
mouth of the Apalachicola, and are arming and exciting the Indians to acts 
of hostility against the United States. Whether the rumours are founded on 
fact or not, we ought at least to be prepared for the worst. 

Query: If tlie hostile Creeks have taken refuge in East Florida, fed and 
armed there by the Spaniards and British, the latter having landed troops 
icitkin it, and fortifying, toith a large supply of munitions of war and pro- 
visions, and exciting the Indians to hostilities, will the Government say to 
me, require a few hundred militia, (which can be had for the campaign at one 
day's notice,) and, with such of my disposable force, proceed to and reduce? 
If so. 1 promise the war in the South has a speedy termination, and British 
influence forever cut off from the Indians in that quarter. 

(Signed) ANDREW JACKSON. 

The Secretary of War, 



1824. 



REVIEW, ETO., ETC. 



409 



Estimate of force and preparation for defence of the City, made up in Cab- 
inet meeiijii/j July \st, 1811. 

Cavalry, City of Washington - - • - - 120 

Ditto, from Carlisle, say - - • - - 200 

Regular infantry ...... 1,000 

District ditto - - - - ^ • -1,000 

Marines - - - • ■ - -120 

District artillery ■ - - - - -200 



Of Barney's corps ..... 

10,000 militia to be designated and held in readiness. 

10,000 arms and camp equipage to be brought forward for lise. 

Survey of the grounds, &c. 



2,640 
500 

3,140 



to the secretary of war. 

July 2, 1814. 

In analogy to the arrangement yesterday decided on in reference to this 
City and Baltimore, and with a view to a systematic provision against inva- 
ding armaments, the Secretary of War will digest and report to the President 
corresponding precautionary means of defence in reference to the other more 
important ^nd exposed places along the Atlantic frontier ; particularly Bos- 
ton, New York, Wilmington, Norfolk, Charleston, Savannah, and New Or- 
leans. In addition to the distribution at suitable depots of arms and other 
necessaries, the Secretary will report a circular communication to the Gov- 
ernors of the several States, calculated to obtain from them convenient desig- 
nations of adequate portions of their militia, with every other arrangement 
depending on the State Executives for having them in the best readiness for 
actual service in cases of emergency. 

JAMES MADISON. 



Noted on the return of papers, accompanied by a letter from the Secretary of 

War of June 29, 1814. 

July 6, 1814. 

On the question whether warrants for payment ought to be drawn by the 
Secretary of War, immediately on settlements made by the Accountant or the 
Department of War, or not without a previous inspection and revision of such 



m- 



410 WORKS OF MADISON. 1824. 

settlements by the accounting officers of the Treasury, the considerations in 
favor of the latter course are : 

1st. That the term '' revision "" used in the law seems to import that the set- 
tlement of the Accountant at the War Department, not being definitive, ought 
not to be operative. 

2d. That the policy of requiring a report to and revision of the settlements 
of the War Accountant, implies that the accounting officers in the Treasury 
Department were to be a check on the War Accountant, which check cannot 
be effectual without a suspension of payment. 

3d. That this was the sense of a Committee of each House of Congress, of 
the Senate, and of the Attorne}' General. 

4. That reasons personal to the Accountant to the War Department op- 
posed an issue of Avarrant on his settlements. 

On the other side, the considerations are : 

1st. That as the rej)orts of settlements by the War Accountant were required 
to be made '■ from time to time " only, and not forthwith, the law could not 
have meant that debts actually due should be exposed to the delays of pay- 
ment incident to re})orts so to be made. In the case of settlements by the Au- 
ditor, his reports to the Comptroller are required, but not '^ from time to time,*' 
and consequently forthwith. 

2. In pursuance of the authority given to the Treasury Department to pre- 
scribe the forms of rendering accounts, it was prescribed to the War Account- 
ant in 1792, and the rule referred to as in force as late as April last by the 
Comptroller, that the Accountant should render his accounts quarterly ; thus 
fixing the vague rule of"'*' from time to time," and indicating that the Treasury 
Department understood that Inilances liquidated by the War Accountant were 
not to remain unpaid until the revision of t>e accounts should be had. 

?>. That the practice for so long a period, and down to so late a day, has 
settled the meaning of the law beyond the controul of a new construction, 
which would introduce uncertainty in place of that certainty in which the law 
delights. 

4. That the accounting estal)lishment in the Navy Department is on the 
same footing with that in the War Department, and that the practice has been 
and continues the same there as it has heretofore been in the War Depart- 
ment ; that an innovation in one Department would, in relation to the other, 
introduce a diversity where uniformity was contemplated by law, and is in 
itself desirable. 

5. That opinions of Committees of Congress, however made known, and in- 
ferences as to the opinions of the Senate, however strong, cannot overrule the 
ilong and uniform cunstruction and practice of the proper and responsible offi- 
cers charged Avith the execution of the law. The opinion of the Attorney 
General has probably been misconceived. 

6. Thar, reasons personal to the Accountant cannot aflPeet the legal relaticfti 



1824. REVIEW, ETC., ETC. 411 

or official course of business between the Secretary of War and him, such rea- 
sons belongino- to the cognisance of the authority to which the Accountant is 
responsible by the tenure of his office. 

The latter considerations appear to preponderate against the former. 

The question whether the Accountant can withhold his counter-signature to 
warrants for monies on aceount, turns on the question : 1st. Whether warrants 
on account be, or be not, contrary to law? 2. Whether the Accountant, with 
respect to warrants drawn l)y the Secretary of War, possesses a discretionary 
authority, or his countersignature be merely a form of verification ? 

On the first point, it is understood that warrants on account, though not ex- 
pressly authorized l)y statute, have been in constant use by all the Heads of 
Departments from the commencement of the present Government; that the 
expediency of them amounts nearly to a necessity ; and that they are con- 
structively recognized in the act of Congress relating to the Treasury, War, 
and Navy Departments, passed July 16, 1798. 

On the 2d point, nothing is perceived in laws or usage favoring the idea 
that the counter-signature of the Accountant is more than a form of verifying 
the authenticity of the warrants. The abstract case of a warrant illegal on the 
face of it does not enter into the question. 

JAl^ES MADISON. 



Noted to the Secretary of War, July 6, 1814, on the reported plan for ninety- 

odd thousand Militia. 

The reference to the Military Districts as places of service is liable to two 
remarks : the one, that the reference is in some respects too vague ; the other, 
that in other respects it is too restrictive. 

District No. 1 illustrates both remarks : the first, by its great extent and 
numerous objects; the second, by^the vicinity of Newport and Providence in 
another district, which can receive support more readily from Massachusetts 
than from Connecticut, which makes part of the same district with Rhode 
Island. 

It will be better to intimate to the State Executives the Expediency of hav- 
ing regard, in the designations of the Militia, and the places of rendezvous, to 
the points within, or in the neighbourhood of, their respective States, the im- 
portance or exposure of which will be most likely to attract the views of the 
enemy. 

Will it not be useful, also, to make the places of rendezvous, and the por- 
tions of Militia respectively allotted to them, changeable on applications to 
that effect from the officers commanding in the Military Districts, to whom this 
Sirranofement will of course be communicated ? 

J. MADISON. 



412 WORKS OF MADISON. 1824. 

Wau Department. July 18. 1814. 

SiB. — 1 have the honour io at-knowledge the receipt of your letter of the 
27th June last. The case you put is a very strong one; and if all the circum- 
stances stated by you unite, the conclusion is inevitable. It becomes our 
duty to carry our arms where we find our enemies. It is believed, and I am 
so directed by the President to say. that there is a disposition on the part of 
the Spanish Government not to break with the United States, nor to encour- 
age any conduct on the part of her subordinate agents having a tendency to 
such a rupture. We must, therefore, in this case, be careful to ascertain facts; 
and even to distinguish between what, on the part of the Spanish authorities, 
may be the effect of menace and eunipulsion. or of choice and policy. 

The result of this encjuiry must gdverii. If they admit, feed, arm, and co- 
operate with the British and hostile Indians, we must strike on the broad prin- 
ciple of self-preservation. Under other and different circumstances, we must 
forbear. 

I have the honon &c-, 

(Signed) J. ARMSTRONG. 

Major General Andreav Jackson. 



to the secretary of war. 

July 18. 1814. 

Wanted : Copies of the instructions to General Brown for carrying into effect 
the plan of operations agreed on in the Cabinet on the 7th of Juno. Copirs 
of the instructions to General Winder on his taking command of his military 
district, and since. 

The Secretary will let me see the requisitions of Militia to bo placed be- 
tween this place and Baltimore before they go forward. 

JAMES MADISON. 



Note Oil the correspondence of War Department ivUh Generals Izard and 

Gaines. 

July 27, 1814. 
It does not appear that Izard, though the senior officer of the district, has 
been made acquainted with the plan of operations under Brown, or that any 
correspondence exists between those officers. It would certainly be advanta- 
geous that eaeh slunikl l)e apprized of the inslructions of the other, as well as 
of the forces and movements of the enemv, and of all material occurrences 
within their respective spheres. Information of this sort would aid each com- 
mander in interpreting the movements and purposes of his immediate ad- 



J4. REVIEW, ETC., ETC. 4^3 

rsary, and produce a tacit concert and co-operation with the other com- 
mders ; the more necessary, as the separate corps of the enemy are kept in 
larmony of operations by an acting- commander superintending the whole, 
mutual understanding- between commanders on Lake Charaplain and at 
|e head of Lake Ontario, through Washington alone, would lose its effect 
[om delay. These remarks are more or less applicable to all separated com- 
|ands having relation to, or influence on, each other. 

A cypher in the hands of distant commanders would be useful on certain 
jccasions, as giving security to confidential communications, as well amono- 
jaemselves as with the Government. In that case, also, copies might be 
(afely sent with a view to miscarriages. 

J. MADISON, 



Note on the above from the Secretary of War. 

Generals Izard and Gaines were both fully apprized of General Brown's 
jniovementsj the former by my letter of the 10th of June.* 

J. ARMSTRONG. 



Memorandum on the letter [returned to the War Department] from General 
Harrison and Governor Cass of July 17, 1814, relative to a Treaty with the 
Indians to he entered into at Greenville. 

The treaty of Greenville in 1795 may be the basis of the new treaty, with 
any improvements which may be eligible under existing circumstances. 

The former allowances to the Indians may be continued, and, if deemed 
necessary by the Commissioners, enlarged. Those suspended by the war 
should not be made up, unless indispensable to keep the Indians quiet; as 
present supplies will suffice for actual wants, and retrospective allowances 
might encourage perfidy. 

The treatment of the Indians refusing to join in the war must be left very 
much to the judgment of the Commissioners, who ought to manage their in- 
terests and their fears so as ])est to guard against their joining the enemy. 
Where co-operation cannot be obtained, neutrality should be aimed at. 

If reserves of land for a chain of posts, as a barrier against hostilities of the 
British, and of the Indians seduced ])y them, can be obtained without im- 
pairing the friendly dispositions of the tribes, an article to that effect is desir- 
able. 

* The letter giving this inforniiition to Izard and Gaines not communicated to J. Madison in one 
instance, and not sent in another. It remains that no instruction to correspond among themselves 
feppears to have bsen given or presumed. 

J. MADISON. 



^14 WORKS OF MADISON. 1824. 

These dispositions, however, ought not at the present crisis to be endan- 
«'ered. The reserves, if stipulated, should contemplate spots of 6 miles square, 
:it suitable distances, and extending from Lake Michigan to the Mississippi 
on the one side, and to the western boundary of the Michigan Territory on the 
I ithor. 

The idea conveyed in the memorandum sent to the Secretary of War June 
ihe 18th, will be found to meet the question of the Commissioners relative to 
a remuneration of Indians for their services. They were to be prepared, by 
explanations at the treaty, (verbal, of <:uurse, which the Commissioners make 
an alternative.) for being employed under military arrangements, as in other 
cases : and these arrangements can be immediately made, if immediately ne- 
eessarv. The extent and the immediate object of them belong regularly to 
the commanding otlicer of the district. In his distant situation, the duty 
must devolve on the next in comniaiid, who may be instructed to avail him- 
.self of the counsel and influence of the Commissioners. The expedition rec- 
ommended bv them may be ei-itically important in the event of a failure of 
that under Croghan and Sinclair. The number of Militia suggested, to be 
joined by the Warriors at Greenville, and the Rangers in the Indiana Ter- 
ritorv^ Avill doubtless he readily obtained from the Governor of Kentucky, 
or more conveniently, perhaps, from the^tate of Ohio. 

It was not intended to preclude a road, as pointed out by General Worth- 
ington, which it was supposed would willingly l)e yielded by the Indians hold- 
ing the country through which it would pass. The Commissioners should be 
at liberty, however, to waive the subject, if in the least unacceptable to the 
Indians. 

The appointment of an influential Superintendent of Indian Affairs, as rec- 
ommended, merits consideration. A superintendency was heretofore vested 
in the Governor of Michigan. The range of it is not precisely recollected. 

JAMES MADISON. 

July 28, 1814. 



Mie to the Secretary of War on IzarcVs letter of July 19, asking if he ought 
not to move to the St. Lawrence if necessary. 

July 30. 1814. 

It ought certainly to be at the discretion of Izard to accommodate his 
movements to those of the enemy, and to his information from the other com- 
manders. 

The question as to Colonel Drayton appears to be precluded by the list of 
original vacancies, which includes none of his former rank. 

JAMES MADISON. 



1824. REVIEW, ETC., ETC. 415 

Note on General Leiois' letter to the Secretary/ of War, July 2Sth, 1814, ask- 

iuq whether he is to judge of the menace of invasion requiring calls for 

Militia. 

General Lewis, as other Commanders of Districts, should be authorized to 
call for Militia according to the danger threatened. When the cases are not 
too uro-ent, they ought to be reported for previous sanction here. When the 
uroencv will not permit this delay, information should be immediately trans- 
mitted of the call made, or about to be made. 

If New York be in danger at all, the danger is probably not very distant, 
and preparations for its safety therefore urgent, especially as they cannot be 
brought into effect at once. 

JAMES MADISON. 

August 2, 1814. 



On a letter from General Stuart, requesting 200 rounds of Grape, Canister, 
&c.: also a few ^'s or \Ts Cannon. 

August 2, 1814. 

The Secretary of War will cause the supply of ammunition requested to be 
furnished. If the arrangements of General Winder should not have anticipated 
the other want, and the cannon can be furnished, orders to that effect will also 
be given. 

JAMES MADISON. 



Note accompanying a return of sundry Brevets sent, filled up, and sealed, 

from the OJfice. 

The Secretary of War will not in future permit commissions to be filled up 
in the office, until it be ascertained that the appointments are approved. In 
the Brevets to General Scott and the other officers, who so well merited them, 
the irregularity could not but lie without effect. But when appointments are 
proposed and not approved, the circumstance ought not unnecessarily to ap- 
pear. • 

JAMES MADISON, 

August 4, 1814. 



TO THE SECRETARY OF WAR. 

Wanted — 

The instructions to General Brown, or officer commanding on the Niagara? 
subsequent to July 5. 



416 



WORKS OF MADISON. i824. 



Ditto to the officer commanding at Sackett's Harbour. 
Ditto to General Mc Arthur, and the officer commanding at Detroit. 
Ditto to General Izard, subs .quent to July 27. 

Ditto to General Lewis, sub;<equent to the mission of General Mapes and 
his associate. 

JAMES MADISON. 

August 10, 1814. 



August 12, 1814. 
Note to the Secretar}' of War, on letters from him to Brown of July 19, and 
to Izard of Julv 27 and August 2, with a memorandum of the Secretary on 
the two last, "that in case the attack on Kingston be rendered impracticable, 
and that the nionK-tit of ascendency on the Lake Ontario may not be lost, 
2,000 of Izard's men may be carried to the west end of the lake to join Gaines ; 
being hmded on the cast side of Niagara and marched rapidly to Lewistown 
and Butfalo, When united, to reduce Forts Gaines and Niagara. Izard to 
command. Of the remainder of Izard's army, 2,000 to begin to fortify on the 
St. Lawrence: the balance, oOO, to relieve militia at Sackett's Harbour, and 
assist in manning the armed barges. J. A." 

It becomes more and more evident that without a direct and constant cor- 
respondence and understanding, of which no proof is seen, between Izard, 
Brown, and the commanding officer at Sackett's Harbour, (as well as between 
them and the naval commander,) no system of operations can take place. 
Communications from Buffalo, to Plattsburg, on the St. Lawrence, and vice 
versa, through AVashington, with particular instructions founded thereon, mnst 
be inadequate : the more so, as the plans and movements on the lines must 
depend on the varying strength and movements of the enemy, which will be 
known there before they reach Washington ; and as the instructions may be- 
come inapplicable before they arrive. 

Will not Izard be too late on the St. Lawrence to prevent the transportation 
of troops and stores from Montreal, and consequently the 2,000 men be now 
misapplied in establishing a pof t for that purpose ? fj 

If he is to proceed with 2,000 to the head of Lake Ontario, ought not com- 
munications thereon to be immediately had with the Navy Department, and 
the measure to be conditioned on the safety of Sackett's Harbour? 

What arrangements exist for Militia aid from Vermont or New York for 
the security of the posts on Lake Champlain, in case reinforcements should 
enable the enemy to direct attacks there as well as elsewhere in the absence 
of the force with Izard? 

JAMES MADISON. 



1824. REVIEW, ETC. ETC. 41'j 



Note io the Secretary of War on Governor Cass'' letter of July 25, 1814, and 

John Johnsons of July 26, 

August 13, 1814. 
If not more tlian 200 warriors have gone to Detroit with Governor Cass, the 
residue, with the militia called for, will suffice for the expedition recommended 
by him and General Harrison. The pledges given by them to the Indians 
employed must be fulfilled of course, and the case, with similar ones, sub- 
mitted to Congress. 

Governor Cass may receive the superintending and discretionary power as 
lo Indians;, «fcc.., which were possessed by Governor Hull. If these be not ade- 
quate to the existing emergencies explained by Governor Cass, the Secretary 
of War will state the proper enlargement of them. 

JAMES MADISON. 



For the Department of War, 

August 13, 1814. 

On viewing the course which the proceedings of the War Department have 
not unfrequently taken, I find that I owe it to my own responsibility, as well 
as to other considerations, to make some remarks on the relations in which 
the Head of the Department stands to the President, and to lay down some 
rules for conducting the business of the Department which are dictated by 
the nature of those relations. 

In general, the Secretary of War, like the Heads of the other Departments, 
as well by express statute as by the structure of the Constitution, acts under 
the authority and subject to the decisions and instructions of the President, 
with the exception of cases where the law may vest special and independent 
powers in the Head of the Department. 

From the great number and variety of subjects, however, embraced by that 
Department, and the subordinate and routine character of a great portion of 
them, it cannot be either necessary or convenient that proceedings relative to 
every subject shovdd receive a previous and positive sanction of the Execu- 
tive. In cases of that minor sort, it is requisite only that they be subsequently 
communicated, as far and as soon as a knowledge of them can be useful or 
satisfactory. 

In cases of a higher character and importance, involving necessarily, and 
in the public understanding, a just responsibility of the President, the acts of 
the Department ought to be either prescribed by him or preceded by his 
sanction. 

It is not easy to define in theory the cases falling within these different 
classes, or, in practice, to discriminate them with uniform exactness. But a 

VOL. III. 27 



418 WORKS OF MADISON. 1824. 

substantial observance of the distinction is not difficult, and will be facilitated 
l>y the confidence between the Executive and the Head of the Department. 

The distinction has not been sufficiently kept in view. 

I need not repeat the notice heretofore taken of the measure consolidating 
certain regiments ; a measure highly important under more than one aspect, 
and which was adopted and executed without the knowledge or sanction of the 
President ; nor was it subsequently made known to him otherwise than through 
the publication of the act in the newspapers. 

The like may be said of certain rules and regulations, particularly a body 
of them for the Hospital and Medical Departments, of which the law expressly 
required the approbation of the President, and which comprise a rule to be 
observed by the President himself in future appointments. Tho first knowl- 
edge of these latter regulations was derived from the newspapers. 

A very remarkable instance is a late general order prohibiting duels and 
challenges on pain of dismission from the army. However proper such an 
order may be in itself, it would never be supposed to have been issued with- 
out the deliberate sanction of the President; the more particularly, as it 
pledges an exercise of one of the most responsible of the Executive functions, 
that of summarily dismissing from military offices without the intervention of 
the Military Tribunal provided by law. This order was adopted and promul- 
gated without the previous knowledge of the President, nor was it ever made 
known to him otherwise than l)y its promulgation. 

Instructions to military commanders relating to important plans and opera- 
tions have been issued without any })revious, or even any subsequent, commu- 
nication thereof to the Executive : and letters expressly intended and proper 
for the knowledge and decision of the Executive have been received and acted 
■on without being previously communicated, or the measures taken being made 
known to him. 

Other illustrations might be drawn from instances of other sorts leadino- to 
the result of these remarks. The above may suffice, with the addition of one, * 
which, with the circumstances attending it, will be explained by a reference 
to the letter of resignation from General Harrison ; to the letter of the Presi- 
dent to the Secretary of ^Var of May 24 ; to the issuing of the commission of 
Major General to General Jackson, and the letter of the Secretary of War ac- 
companying it. 
' The following course will be observed in future : 

To be previously communicated to the President — 

1. Orders from the Department of War establishing general or permanent 
regulations. 

2. Orders for courts of enquiry or courts-martial on General officers ; or des- 
ignating the numbers or members of the courts. 

3. Commissions or notifications of appointment to officers, other than regu- 
lar promotions in uncontested cases. 



1824. REVIEW, ETC., ETC. 4^9 

4. Dismissions of officers from the service. 

5. Consolidations of corps or parts of corps, and translations of field officers 
from one regiment to another. 

6. Acceptances and refusals of resignations from officers above the rank of 
captains. 

7. Requisitions and receptions of militia into the service and pay of the 
United States. 

8. Instructions relating to Treaties with Indians. 

9. Instructions to officers commanding Military Districts, or corps, or sta- 
tions, relative to military movements or operations. 

10. Changes in the l)oundaries of Military Districts or the establishment of 
separate commands tlierein ; or the transfer of General officers from one Dis- 
trict or command to another District or command. 

In the absence of the President from the seat of Government previous com- 
munications to him may be waived in urgent cases, but to be subsequently 
made without delay. 

All letters giving military intelligence, or containing other matters intended 
or proper for the knowledge of the President, will of course be immediately 
communicated to him. 

These rules may omit cases falling within, and embrace cases not entirely 
within, the reason of them. Experience, therefore, may improve the rules. 
In the mean time, they will give a more suitable order and course to the busi- 
ness of the Department : Avill conduce to a more certain harmony and co-oper- 
ation in the proceedings ^f the several Departments ; and will furnish the 
proper opportunities for the advantage of Cabinet consultations on cases of a 
nature to render them expedient. 

J. MADISON. 
August 13, 1814. 



Note to the Secretanj of War on a letter of Jenning's Deputy Commissary 
of imr chases^ and an endorsement by the Secretary of War; and on a letter, 
(Scc.^from General Cushing, relating to attack on Stonington. 

August 15th, 1814. 

As a little time will probably decide as to the force allotted by the enemy 
to the Chesapeake, it may be as well not to reject the additional 500 called 
out by Governor Barbour for the security of Richmond and that quarter. 

The step taken by General Winder (receiving 2,000 under General Par- 
ker into service of the United States) is to be supported, of course. There 
may be a difficulty as to Parker, who is a Major General, but otherwise a de- 
sirable officer, as well on account of his military experience as his local knov/l« 
edge^ and of the popular confidence in him. 



420 WORKS OF MADISON. 1824. 

The attack on Stonington enforces the policy of preparations for hot shot I 
wherever practicable. 

JAMES MADISON. 



Note to the Secretary of War on Gaines's letter of August ItJi. 

August 16, 1814. 

It ought certainly to be at the discretion of Gaines to cross the Niagara. 
This may be made prudent by large reinforcements to the enemy, even after 
receiving 2,000 from Izard's army. Buffalo and Black Rock must also claim 
his attention, whilst the enemy are placed so conveniently for enterprises 
against them. 

If Izard should he unable, by leaving a force on the St. Lawrence, to ob- 
struct the reinforcements destined to Kingston and upwards, it would seem 
that he ought to move all that can be spared from Champlain to Sackett's Har- 
bour ; the residue, after sending 2,000 to Gaines, may make the place secure, 
and be ready for any offensive operation concerted with Chauncey. Sackett's 
Harbour being the rendezvous of the naval force and the starting point for 
joint operations, a disposable land force there must be always advantageous 
when we have the command of the lake, or the prospect of it. 

Let Cunningham be disposed of as suggested by Col. Brady. 

JAMES MADISON. 



Note to the Secretai^ of War on Cushings letter and enclosures of 

August 12, 1814. 

Cushing seems to view the extraordinary threat of Hardy in its proper 
light. It Avas determined, before the Secretary of State left the city, that Mrs- 
Stewart, on whom the misbehaviour of her husband ought not to be visited, 
might be* removed to him, whenever General Cushing thought no injury cOuld 
result from intelligence she ruight convey with her. Instruct him to this effect 
with the further condition of her removal, that it do not take place under anj 
appearance of being extorted by threats. 

If a Major General's command be not received by Cushing into [in?] the 
service of the United States, he will be secure against a claim to commarid 
him. lu all the Military Districts commanded by Brigadiers only, these in 
conveniences may arise. Where brevet rank can be properly given, the rem 

* The removal of property other than what belongs to her person is a distinct consideration. 
It is a legal as well as an equitable question. 



1824. REVIEW, ETC., ETC. 421 

edy is easy. Gushing has the title to it of long service at least. The prox- 
imity of Dearborn is another resource in the present instance. 

JAMES MADISON. 
August 17th, 1814. 



to the secretary op war. 

August 17, 1814. 
Where, on what service, and under what commission, is General Swartwout 
to be employed ? If out of service, as the last Army Register imports, he can- 
not be employed without a new appointment. 
Wanted — 

The number of men enlisted into the rifle corps, and not yet furnished with 
rifles. 

The number of rifles on hand according to the last returns, and the date 
of those returns. 

JAMES MADISON. 



Note to the Secretary of War on General Brown's letter of August 7. 

August 19, 1814. 
If there be no opposing considerations unknown to me. Col. Miller is enti- 
tled to Brevet jtromotion. Majors Wood and McRae, at least, seem tOUttnerit 
attention also. 
What is best as to Ripley? 

JAMES MADISON. 



Note to the Secretary of War on the proposed consolidation of 8 Regiments, 

30, 31, &c. 

August 20, 1814. 

The consolidations proposed are approved. The information for assisting the 
selection of officers to be retained is extremely scanty, whilst the task is both 
important and difficult. The Secretary of War will suggest the names which 
appear on the whole most fit to remain in service. 

JAMES MADISON. 







422 WORKS OF MADISON. 1824 



Note to the Secretary of War on Governor Shelhi/'s letter of August 4, put into 
the hands of J. Madison August 19. 

August 20, 1814. 
The Secretary of War will state his opinion on the case presented by Gov- 
ernor Shelby- 
Have not analogous eases of a disproportion of officers, and of mounted 
volimteers serving as militia, been heretofore acted on ? 

JAMES MADISON. 



Memorandum — Aug. 24, 1814. 

In the morning, a note, by an express from General Winder, was handed 
me. It was addressed to the Secretary of War. Not doubting the urgency 
of the occasion, I o})encd and read it, and it went on immediately by the ex- 
press to General Armstrong, who lodged in the Seven Buildings. Finding by 
the note that the General requested the speediest counsel, I proceeded to his 
headquarters on the Eastern Branch, trusting, for notice to the Secretary of 
War to follow, to the note from Winder. On my reaching his quarters, we 
were successively joined by the Secretary of State, [who soon, with our appro- 
bation, repaired to Bladensburg,] the Secretary of the Navy, and Mr. Rush, 
the Attorney General. After an hour or so the Secretary of the Treasury ar- 
rived, and quickly after the Secretary of War. The latter had been impa- 
tiently expected, and surprise at his delay manifested. General Winder was, 
at the moment, setting off to hurry on the troops to Bladensburg, in conse- 
quence of certain intelligence that the enemy had taken that direction. Bar- 
ney's corps was also ordered thither, leaving the bridge to be blown up if ne- 
cessary. On General Armstrong's coming into the room, he was informed of 
the certain march of the enemy for Bladensburg, and of what had passed be- 
fore his arrival ; and he was asked whether he had any arrangement or advice 
to offer in the emergency. He said he had not ; adding, that as the battle 
would be between militia and regular troops, the former would be beaten. 

On coming out of the house, and mounting on horses, the Secretary of the 
Treasury, who, though in a very languid state of health, had turned out to join 
us, observed to me privately, that he was grieved to see the great reserve of 
the Secretary of War, [he lodged in the same house with him,] who was taking 
no part on so critical an occasion; that he found him under the impression, 
that as the means of defending the District had been committed to General 
Winder, it might not )je delicate to intrude his opinions without the approba- 
tion of the President ; though, with that approbation, he was ready to give any 
aid he could. Mr. Campbell said that, notwithstanding his just confidence in 
General Winder, he thought, in the present state of things, which called for all 



1824. REVIEW, ETC.. ETC 



423 



the military skill possible, the military knowledge and experience of the Sec^ 
letary of War ought to be availed of, and that no considerations of delicacy 
ought to jeopard the public safety. With these impressions, he said he had 
thought it his duty to make this communication, and was very anxious that I 
should take some proper steps in the case j I told him I could scarcely con- 
ceive it possible that General Armstrong could have so misconstrued his func- 
tions and duty as Secretary of War ; that he could not but know that any 
proper directions from him would receive any sanction that might be neces- 
sary from the Executive ; nor doubt that any suggestions or advice from him 
to General Winder would be duly attended to 5 [in this case it had been re- 
quested in writing.] I told Mr. C. that I would speak to the Secretary of War 
explicitly on the subject ; and accordingly, turning my horse to him, expressed 
to him ray concern and surprise at the reserve he shewed at the present crisis, 
find at the scruples I understood he had at offering his advice or opinions ; 
that I hoped he had not construed the paper of instructions given him some 
time before, [see the paper of Aug. 13, 1814,] so as to restrain him in any re- 
spect from the exercise of functions belonging to his office ; that at such a 
juncture it was to be expected that he should omit nothing within the proper 
agency of Secretary of War towards the public defence ; and that I thought it 
proper particularly that he should proceed to Bladensburg, and give any aid 
to General Winder that he could; observing that if any difficulty on the score 
of authority should arise, which was not likely, I should be near at hand to 
remove it ; [it was my purpose, in case there should be time, to. have the mem- 
bers of the Cabinet together in Bladensburg, where it was expected General 
Winder would be, and, in ] consultation with him, to decide on the arrrange- 
menis suited to the posture of things.] He said, in reply, that he had put no 
such construction on the paper of instructions as was alluded to; and that, as 
I thought it proper, he would proceed to Bladensburg, and be of any service 
to Geuoral Winder he could. The purport of this conversation I communi- 
cated to Mr. Campbell, who remained near us. The Secretary of War set off 
without delay to Bladensburgf 

After a short turn to the Marine barracks, whither the Secretary of the 
Navy had gone, 1 mentioned to Mr. Rush, who was with me, my purpose of 
going to Bladensburg, and my object in so doing. He readily accompanied 
me. ' On approaching the town, we learned from William Simmons that 
Winder was not there, and that the enemy were entering it. We rode up to 
him [?J instantly. The Secretaries of State and War were with him. I asked 
the latter whether he had spoken with General Winder on the subject of his 
arrangements and views. He said he had not. I remarked that, though there 
was so little time for it, it was possible he might offer some advice or sugges- 
tion ihat might not be too late to be turned to account; on which he rode up 
to the General, as I did myself. The unruliness of my horse prevented nip 
from joining in the short convpr<H<-ion that took placr, When a was over, I 



424 WORKS OF MADISON. 1824. 

rtsked General Armstrong whether he had seen occasion to suggest any ira- 
jn-ovemeut in any part of the arrangements. He said that he had not ; that 
from his view of them they appeared to be as good as circumstances ad- 
mitted. 

When the battle had decidedly commenced, I observed to the Secretary of 
War and Secretary of State that it Avould be proper to withdraw to a position 
in ilie rear, where we could act according to circumstances; leaving military 
movements now to the military functionaries who were responsible for them. 
This we did. Mr. Rush soon joining us. When it became manifest that the 
battle was lost, Mr. Rush accompanying me, I fell down into the road leading 
to the city, and returned to it. 

It had been previously settled that, in the event of the enemy's taking pos- 
session of the city, and the necessity of Executive consultations elsewhere, 
Fredericktown would be the proper place for the assembling of the Cabinet. 



Memorandum. 

In the evening of the 29th of August, 1814, being on horseback, I stopped 
at General Armstrong's lodgings for the purpose of communicating with him 
on the state of things in the District, then under apprehensions of an imme- 
diate visit from the force of the enemy at Alexandria. 

I observed to him that he could not be unaware of the great excitement in 
the District produced by the unfortunate event which had taken place in the 
city ; that violent ])rejudices were known to exist against the Administration, 
as having failed in its duty to protect it, particularly against me, and himself, 
as head of the War Department; that threats of personal violence had, it was 
said, been thrown out against us both, but more especially against him ; that 
it had been sufficiently known for several days, and before his return* to the 
city, (which was about one o'clock P. M. of the 29th;) that the temper of the 
troops was such as made it expedient, if possible, that he should have nothing 
to do with them ; that I had within a few hours received a message from the 
commanding general of the Militia informing me that every officer would tear 
off his epaulettes if General Armstrong was to have any thing to do with them ; 
that before his arrival there was less difficulty, as Mr. Monroe, who was very 
acceptable to them, had, as on preceding occasions of his absence, though 
very reluctantly on this, been the medium for the functions of Secretary of 
War; l)ut that since his return and presence the expedient could not be con- 
tinued, and the question was, what was best to be done. Any convulsion at 
so critical a moment could not but have the worst consequences. 

* He had repaired to Fredcricktowu, the place appointed for the rendezvous of the Executive in 
the eveut of their being driven from the city. The turn which things took after his departure 
prevented the other members from joiuing him. 



1824. REVIEW. ETC.. ETC. 



425 



He said he had been aware of the excitement against him ; that it was al- 
together artificial, and that he knew the sources of it, and the intrigues by 
which it had been effected, which this was not the proper time for examining* 
that the excitement was founded on the most palpable falsehoods, and was 
limited to this spot ; that it was evident he could not remain here, and the 
.functions belonging to him divided or exercised by any one else, without for- 
getting what he owed to his station and to himself ,• that he had come into his 
office with the sole view of serving the public, and was willing to resign it 
when he could no longer do so with honor and effect; that if it was thought 
best, therefore, that he should adopt this course, he was ready to give up his 
appointment ; or he could, with my permission, retire from the scene, by set- 
ting out immediately on a visit to his family in the State of New York. 

I observed that a resignation was an extent which had not been contem- 
plated; that if made under such circumstances, it might receive constructions 
which could not be desirable, either in a public or a personal view; that a 
temporary retirement, as he suggested, though also subject to be viewed in 
some lights not agreeable, was, on the whole, less objectionable, and would 
avoid the existing embarrassment, without precluding any future course which 
might be deemed most fit. 

He dwelt on the groundless nature of the charges which had produced the 
excitement, and on the limits within which they had and would operate; af- 
firming that his conduct in relation to the defence of the city, &c., had proved 
that there had been no deficiency on his part. 

I told him that I well knew that some of the particular charges brought 
against him were destitute of foundation, and that as far as they produced the 
discontents, these would be limited both as to time and space ; but that I sus- 
pected the discontents to be in a great measure rooted in the belief that he 
had not taken a sufficient interest in the defence of the city, nor promoted the 
measures for it ; and, considering the heavy calamity which had fallen on the 
place, and on its inhabitants, it was natural that strong feelings would be ex- 
cited on the spot ; and, as the place was the Capital of the nation, every where 
else also. I added that it would not be easy to satisfy the nation that the 
event was without blame somewhere, and I could not in candour say that all 
that ought to have been done had been done, and in proper time. 

He returned to an exculpation of himself, and remarked that he had omitted 
no preparations or steps whatever for the safety of the place which had been 
enjoined on him. 

I replied, that as the conversation was a frank one, I could not admit this 
justification ; that it was the duty of the Secretary of War not only to execute 
plans or orders committed to him, but to devise and propose such as would, 
in his opinion, be necessary and proper ; that it was an obvious and essential 
part of his charge, and that, in what related to military plans and proceedings 
elsewhex'e, he had never been scrupulous or backward in taking this course ] 



)i 



426 WORKS OF MADISON. 1824. 

that, on the contrary, he well knew, from what on another occasion* had 
passed between us, he had taken a latitude in this respect which I was not sat- 
isfied with ; that it was due to truth and to myself to say, that he had never 
appeared to enter into a just view either of the dang^- to the city which was 
to be apprehencled, or of the consequences of Hts falling into the hands of the 
enemy : that he had never himself proposed or Suggested a single precaution 
or arrangement for its safety, everything done on that sul^ject having been 
Ijrought forward by myself; and that the apparent difference of his"" views on 
that .subject from mine had naturally induced a reduction of my arrangements 
to the minimum, in order to obtrude the less on a reluctant execution. I re- 
minded him. also, that he had fallen short of the preparations even decided on 
in the Cabinet, in some respects, particularly in not having arms and equip- 
ments brought to convenient depots from distant ones, some of the militia, 
when called on for tho defence of the City, being obliged to get arms first ai 
Harper's Ferry. 

I remarked that it was not agreeable thus to speak, nor on an occasion less 
urgent would it be done ; that I had selected him for the office he filled from 
a respect to his talents, and a confidence that he would exert them for the pub- 
lic good ; that 1 had always treated him v.nfh ^neudship and confidence ; and 
that as there was but a short distance bJibre me to the end of my public ca- 
reer, my great wish, next to leaving^my country in a state of peace and pros- 
perity; was to have preserved harmon|? and avoid changes ; and that I had, 
accordingly, as he well knew, acquiesced in many things to which no oiher 
consideration would have reconciled me. 

He said he was very sensible of my friendly conduct towards him, and 
always had, and always should respect me for it. 

The conversation was closed by my referring to the idea of his setting out 
in the morning on a visit to his family, and observing that he would of course 
revolve it further, and if he continued to think of it as he then did, he would 
consider me as opposing no restraint. We parted, as usual, in a friendly man- 
ner. (.)n the next morning he sent me M^ord by Mr. Parker that he should 
proceed immediately to visit his fjimily ; and, on his arrival at Baltimore, trans- 
mitted his resignation. [See his letter.] 

* See the iii.-u ULUuiib i" una on ilie lyili il;iy r>i August, 1814. 



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